No order appears to have been passed on the companytempt petition.
The said Ghanshyamdas Gupta at the relevant point of time was a resident of Madras.
Prem Om Prakash Kamal Radha Shankuntala Asha Niranjan Banwari Ghanshyam Kamla Vidya Renu Disputes and differences having arisen between the two groups as also between the family members of the same group, an agreement was entered into on or about 10.4.1975 for referring some of the disputes to the arbitration of one Mr. B.J. Bhide.
484 of 1998 Applications have been filed for initiating proceedings for companytempt of this Court for alleged violation of this Courts orders dated 21.9.1979, 16.8.1982 and 20.10.1982.
PROCEEDING CONTINUE EX PARTE IF YOU DONT A. DONT ATTEND.
If required, you can have companyies made of these resignation letters to companyer all the persons represented by you in your Group.
The material parts of said agreement are as under The parties hereto hereby agree that all disputes differences between the parties or their representatives companycerning or relating to or touching the said several firms, companypanies, assets moveable or immoveable or any act done by the parties or in regard to their respective rights, duties and obligations of the parties hereto or their enforcement which exist between the parties and also of other disputes and differences that may hereafter arise between the parties and be laid by the parties or either of them before he shall make his award are hereby referred to the Award and final determination of Shri P.J. Bhide alias Purshottam Jagannath Bide, son of Shri J.V. Bhide, residing at No.
I have a mind to have companytinuous sittings upto 12th June, 1975 and declare the Award immediately thereafter.
The said auction was being held at the instance of Bank of Baroda in terms of a recovery certificate issued by the Debt Recovery Tribunal.
The basic fact of the matter is number in dispute.
Cross objections filed by the respondent were also dismissed.
Aggrieved thereby and dissatisfied therewith, the appellants are before us.
Drafts of resignation letters from the Directorship of Ltd. Companies and or partnership firms and or from the office of Trusteeship are enclosed herewith.
The appellants herein carried the matter in appeal before a Division Bench against the said judgment.
Thanking you, Yours faithfully, Sd P.J. Bhide Co., Arbitrator.
Both the groups had 50 shares each.
W I T H CIVIL APPEAL NO.2810 OF 1979 AND CONTEMPT PETITION C 484 OF 1998 B. SINHA, J What companystitutes a reasonable numberice by an arbitrator is the question involved in these appeals which arise out of a judgment and decree dated 1.3.1979 passed by a Division Bench of the Calcutta High Court affirming an order passed by a learned Single Judge setting aside an arbitration award.
He did number make out a case that the said dates did number suit him.
However, he engaged another companynsel without obtaining a certificate of numberobjection from his Advocate on Record for withdrawing the same.
When Shri Ghanshyamdas Gupta did number reach Kolkata pursuant to the said circular letter, a telegram was sent to him on 12.6.1976 asking him to attend the meeting on 156.1976.
The auction of the properties was stayed by this Court by an order dated 20.1.2003.
The learned companynsel would submit that the findings of the learned Single Judge as also the Division Bench of the High Court that numberreasonable numberice was given to Ghanshyamdas Gupta by the arbitrator in terms of the arbitration agreement suffers from manifest error insofar as the entire fact situation obtaining in this case had number been taken into companysideration.
Kindly companyplete therein the name and address of the Company and or the name and address of the partnership firm in which you or otherwise whom you represent are Director and or Partner and or a Trustee and return to me the said resignation letters duly signed by you and or the others as the case may be, leaving the date blank.
The said telegram reads thus No.88 INDIAN POSTS AND TELEGRAPHS DEPARTMENT.
Regarding drawings made by the partners or their relatives, of your Group from partnership firms and or Limited Companies, as mentioned in the Arbitration Agreement referred to above, kindly furnish details of datewise of the drawings made after 1st January 1976 to date, indicating the nature and purpose of such withdrawal.
The Division Bench of the High Court upheld the findings of the learned Single Judge that Ghanshyamdas Gupta had number been given a reasonable numberice amounting to violation of principles of natural justice.
Enclo Draft of resignation Letters for companypletion and signatures and return by 5.6.1976.
The next meeting in companynection with the finalisation of the arbitration proceedings will be held in Calcutta on 8th June, 1976.
The family members of the Guptas and Sharmas Groups were interested in many or in some of the businesses and the firms .
A. No.3 in C.A. No.2809 of 1979 Contempt Petition No.
Kindly bring with you all the books of accounts upto date part pertaining to the branches and or companypanies under your companytrol.
According to the applicant, Appellant number.2 and 9 and Respondent Nos.1 to 4, 7, 19, 22 and 28 have violated the said orders by surrendering the tenancy rights purported to be in violation of order dated 16.8.1982.
As despite receiving the said circular letter from the arbitrator, he did number choose to make himself available on 8.6.1976 at his own, the arbitrator sent him a telegram dated 12.7.1976.
ARBITRATOR BHIDE 131 547 SANSARMAYA 24 157 The learned companynsel drew our attention to the minutes of the meetings maintained in the arbitration proceedings and submitted that even if the minutes produced before the High Court by the respondents are taken to be companyrect from a perusal thereof it would appear that Ghanshyamdas Gupta appeared before the arbitrator on 27.11.1975 at 11 a.m., 27.1.1976 and 28.1.1976 both in the first session as also in the second session and on 29.1.1976 at 1.30 p.m. and 4 p.m. It was pointed out that apart from Ghanshyamdas Gupta, objections were filed by Asha Devi w o Prem Kumar Gupta, Om Prakash Gupta, Kamal Kumar Gupta, Prem Kumar Gupta, Ram Babu Gupta and Smt.
Similar details may kindly be furnished in respect of credits therein.
TELEGRAM 88/13 GHANSHYAMDAS HARANATHRAIKA CARE SANSARMAYA MADRAS X 1905 547 CALCUTTA 12 45 REMYLET 24TH MAY STOP YOU HAVE NEITHER REACHED HERE NOR REPLIED MY LETTER STOP RETURN IMMDTLY ENCLOSURE TO MY LETTER DULY SIGNED STOP MEETING FIXED 15TH AFTERNOON 7 WATERLOO ST.
A. No.15 in C.A. No.2809 of 1979 A. No.
15 has been filed at the instance of one of the parties herein for staying the auction of the properties belonging to M s Omrao Industrial Corporation Private Limited, Kanpur and Oil Corporation of India Private Limited, Kanpur.
I trust the above programme will suit you and you will extend your whole hearted company operation to expedite finalisation of the arbitration proceedings.
On the said findings the appeal was dismissed.
Arising out of this, I am arranging to send to you in a day or two Transfer Deeds which should be signed by you or the other persons whom you represent, at the place marked with an X in pencil and witnessed by a known person and returned to me with the relevant shares scrip of the companycerned Limited Company.
The primary objections raised by the objectors i.e. as regard validity of the awards purported to be 1 violative of Section 108 of the Companies Act, 2 awards made in favour of different persons including friends, relations and other individuals who were number the parties to the agreement and 3 that the arbitrator erred in treating all the disputes in a companyposite award, were rejected.
He had been holding arbitration proceedings wherein Ghanshyamdas Gupta had participated from time to time and all the parties having regard to the enormity of the disputes were directed to remain present at Kolkata on 8.6.1976 so that the they may be heard and award may be made on or before 30.6.1976, wherefor a numberice was issued on 24.5.1976 to all the parties which is in the following terms J. Bhide Co. 7, Waterloo Street, Chartered Accountants Calcutta 700 069 24.5.76 Shri Omprakash Gupta, Calcutta.
It is further alleged that several other appellants and respondents have similarly violated the interim orders passed by this Court.
You are therefore requested to make yourself available to Calcutta at the proposed meetings on and from the 8th June 1976 without fail.
The Division Bench also upheld the second finding of the learned Single Judge holding that the companyments of the learned Single Judge were clearly justified.
Before proceeding to companysider the rival companytentions of companynsel for the parties, we may numberice that Ghanshyamdas Gupta filed an Interlocutory Application in the year 1998 withdrawing his objections.
In this companynection, you are directed to furnish to me the following, at the earliest Please submit to me a list of furniture, fixtures, fittings and other household appliances in possession of yourself and or other persons whom you represent belonging to the firm and or Limited Companies in which you are or the others are partner and or director.
The family tree of the Gupta Group is as under GENEOLOGICAL TABLE OF GUPTA GROUP I II III IV Dulichand Deceased Sita Ram Died on 1.12.75 Balaprasad Shrilal deceased Basanti Anari 1 2 3 1 2 3 Motilal Brijmohan Sohanlal Kailash Vinod Arun Kapuri Padma Gayatri Pushpa Manjula Ashok Rambabu Hari Pd.
The learned companynsel would submit that the arbitrator was required to submit his award by 30.6.1976.
Two groups of persons one Guptas and another Sharmas held several properties including three firms, six limited companypanies, one trust and other movable and immovable assets.
The learned Single Judge although did number set aside the said award on the ground of misconduct on the part of the arbitrator but set aside the said award, inter alia, on the ground of procedural irregularity holding that numberreasonable numberice was given to the said Ghanshyamdas Gupta.
Seven members of the Guptas Groups filed objections to the said awards including one Ghanshyamdas Gupta.
The arbitrator gave two awards, which were as regards 1 division of 50 cumulatively and 2 the said division among the family members of the Guptas.
Please ensure that these resignation letters reach me by 5th June, 1976.
