FAO (OS) (COMM) 176/2022 1

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 15.07.2022

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FAO (OS) (COMM) 176/2022

SH. GURDEEP SINGH

..... Appellant

versus

JASPAL KAUR (SINCE DECEASED)

THROUGH LEGAL HEIRS

..... Respondents

Advocates who appeared in this case:

For the Appellant :

Mr. Shamit Mukherjee, Mr. Manish Kumar

and Mr. Vijay Kumar, Advocates

For the Respondents :

None

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM No.31027/2022 (Exemption)

Allowed subject to all just exceptions.

FAO (OS) (COMM) 176/2022 and CM APPL. 31028/2022 (stay)

1.

Appellant impugns judgment dated 24.02.2022 whereby the

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FAO (OS) (COMM) 176/2022 2

petition filed by the appellant under Section 34 of the Arbitration and

Conciliation Act, 1996 (hereinafter referred to as the ‘Act’)

impugning the award dated 13.05.2015 has been dismissed.

2.

At the outset, learned counsel for the appellant commenced his

submissions by candidly referring to the judgment of the Supreme

Court in Delhi Airport Metro Express Private Limited vs. Delhi Metro

Rail Corporation Limited, (2022) 1 SCC 131 wherein the Supreme

Court has clarified the scope of examination under Sections 34 and 37

of the Act in the following terms :-

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This is a digitally signed Judgement.

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3.

In the present case, the predecessor of the appellant and

predecessor of the Respondents were partners in a partnership firm,

which was trading under the name and style of ‘M/s. New Delhi

Madhya Pradesh Roadlines’.

4.

Smt. Jaspal Kaur, wife of one of the partners, Sh. Hardev Singh

had made a claim before the Arbitral Tribunal seeking dissolution of

the firm and payment of her 50% share in the said partnership firm.

5.

The Arbitral Tribunal by its award dated 13.05.2015 passed an

award dissolving the partnership firm ‘M/s. New Delhi Madhya

Pradesh Roadlines’ and held that one-half of the share of the

partnership firm belonged to the appellant i.e. Gurdeep Singh S/o. Sh.

Mohinder Singh and the other half belonged to the legal heirs of the

claimant, Smt. Jaspal Kaur (who had expired during the pendency of

the claim proceedings), who was the wife of the deceased partner Sh.

Hardev Singh.

6.

Arbitral Tribunal also gave a declaration that the partnership

firm owned Property No.AG-48, Sanjay Gandhi Transport Nagar and

property no.23, Transport Nagar, Ludhiana and thus, the parties were

entitled the said two properties as per their share declared by the

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FAO (OS) (COMM) 176/2022 5

arbitral award.

7.

The award was impugned by the appellant by filing objections

under Section 34 of the Act.

8.

By the impugned judgment dated 24.02.2022, learned Single

Judge of this Court in great detail examined the arbitral award as well

as the contentions raised by the appellant and held that the impugned

award is informed by reasons and had been made after examining and

evaluating the evidence led by the parties.

9.

The impugned order also records that the appellant sought re-

adjudication of the disputes that had been adjudicated by the Arbitral

Tribunal after examination and evaluating the evidence led by the

parties.

10.

Learned Single Judge found no infirmity with the decision of

the Arbitral Tribunal or any patent illegality in the award or