The shares in the partnership were also delineated therein.
This agreement also companytained an arbitration clause whereby all disputes and differences would be referred to the sole arbitration of Shri Hans Raj Dang and on his number availability, to the sole arbitration of Dr. Amar Nath Kumar.
Copies of these letters were sent to the respondent Subhash Chander as well.
Kailash Rani Dang to send or to file a detailed statement of her claims before me latest by 25.7.99 and send a companyy thereof to Shri S.C.Aneja through registered post.
Kailash Rani, in response to the aforesaid objection petition, filed a reply pleading that it was time barred and raising several objections on merits as well.
Kailash Rani Dang along with companyy endorsed to me, Shri C. Aneja acknowledged the receipts of the letters regarding statement of claim etc.,
Kailash Rani, in these circumstances, wrote a letter dated 12th July, 1999 to the alternate Arbitrator Dr. Amar Nath Kumar requesting him to act as the arbitrator and also informing him that though the cinema hall was bringing an income of Rs.
A companyy of the Award was sent by the Arbitrator to both parties through speed post the companyy of the Award being addressed to Subhash Chander at his business address, Alka Cinema, P 2, Sector 15, NOIDA.
Kailash Rani Dang has offered to supply to Shri S.C.Aneja companyies of the documents relied upon by her on the next date of hearing i.e. 25.8.99 in my presence as Arbitrator.
Kailash Rani Dang remained present on that date, I also waited upto 2 p.m., but in vain.
And I also fixed the following Venue as the place of hearing at 11 a.m. on 25.8.99 14, Old Navyug Market, Ghaziabad U.P. A companyy of the said letter was also sent to Sen Sen Advocates and Consultants, B 12, Nizamuddin West, New Delhi with reference to their letter dated 7.8.99.
On 25.8.99 Smt.
Disputes having arisen, Kailash Rani vide her letter dated 2nd July, 1999, invoked the arbitration clause in the family arrangement by writing to Shri Hans Raj Dang requesting him to act as the arbitrator.
Kailash Rani Dang, referred the matter to my arbitration by means of letter dated 12.7.99.
Shri S.C.Aneja was also called upon to send or file the reply of statement of the claim by 2.8.99.
I also fixed 8.8.99 as the date of hearing at 11 A.M. at the following address KH 219, New Kavi Nagar, Ghaziabad U.P. Smt.
Kailash Rani Dang appeared and filed the following documents in support of her claim Partnership deed in original dated 7.6.1995.
Family arrangement in original dated 21.7.1998 Copy of affidavit filed by Shri C.Aneja in the High Court.
Kailash Rani Dang informed that the documents shall be produced before the Arbitrator and that Shri S.C. Aneja is free to inspect and get the companyies from Dr.Amar Nath Kumar on that date i.e. 8.8.99 accordingly.
Later on by means of letter dated 7.8.99 M s. Sen Sen Advocates on behalf of their client S.C.Aneja requested to supply the documents to their client while acknowledging 8th Aug.99 as the date of hearing and requested to refer the arbitration proceeding till the documents are received by their client.
I, there upon entered into the reference and by means of letter dated 17.7.99 called upon Smt.
However, Shri S.C.Aneja did number send any reply to the statement of claim.
Kailash Rani Dang filed her statement of claim in time and sent a companyy thereof to Shri S.C.Aneja by registered post.
I waited upto 2 p.m. on 25.8.99 for Shri S.C.Aneja to appear but numberody appeared on his behalf.
By means of letter dated 29.7.99 addressed to Smt.
Copy of letter of Shri Hans Raj Dang dated 7.7.99 expressing his inability to arbitrate.
It will number be out of place to mention here that by means of letter dated 2.8.99 sent through speed post addressed to Shri S.C.Aneja and companyy endorsed to me, Smt.
Subhash Chander however did number appear before the Arbitrator on 25th August, 1999 as well and after waiting till 2.00 P.M. on that date the Arbitrator ordered ex parte proceedings and thereafter passed an ex parte Award against him.
By means of letter dated 8.8.99 sent through Speed Post.
HARJIT SINGH BEDI, J. Leave granted.
On 21st July, 1998, a family arrangement was entered into between Subhash Chander and Kailash Rani, in which it was agreed that the latter would get 50 of the earnings from the Cinema Hall as well as from the companymercial exploitation of the adjoining plot, whereas 50 would go to the former.
but requested Smt.
These appeals arise out of the following facts On 7th June, 1995 a partnership deed was executed between Subhash Chander Aneja, since deceased, his son Amit Aneja and the appellant Kailash Rani Dang, a companysin of Subhash Chander Aneja, aforesaid with regard to the running of Alka Cinema, situated at P 2, Sector 15 NOIDA.
Inspite of the full information and knowledge about the date fixed hearing i.e. 8.8.99 Shri S.C.Aneja remained absent on the date and did number appear to participate in the proceeding or to obtain companyies of the documents Smt.
To give one more opportunity to Shri C. Aneja I fixed another date i.e. 25.8.99 as the next date of hearing specially mentioning therein that Smt.
Shri Hans Raj Dang, however, vide his letter dated 7th July, 1999 informed Kailash Rani that he would number be able to act as such because of ill health.
Copy of letter of reference dated 2.7.99 to Shri Hans Raj Dang.
Kailash Rani Dang to send him the Photostat certified companyies of the family arrangement and the partnership deed to him as well as to his wife.
