Because of this letter or for some other reason, the Award was number filed in Court.
Promptly, thereafter, on 8th February, 1992, Jayantikumar Ishwarbhai Patel asked the Arbitrator to file the Award, passed on 26th February, 1986, in Court.
yards and industrial shed and also plot of land bearing S.No.22, Hissa No.1, Paret, admeasuring 295 sq.
plot of land being S.No.61, Hissa No.5, Part, admeasuring 1932 sq.
yards situated at Valnai, Ramachandra Lane Extension, Malad West , Bombay.
This action of the Arbitrator is incomprehensible.
After a long lapse of six years, the Arbitrator Dinubhai Motibhai Patel number only made an application for filing the Award in Court but also applied for a decree in terms of the Award and engaged a lawyer for this purpose.
A decree, as prayed by the Arbitrator, was passed by the Court of Civil Judge S.D. at Anand on 5th October, 1994.
Thereafter on 24.4.1986 Chandrakant Dave, an Advocate wrote to the Arbitrator on behalf of the appellants You have recently given an award as an Arbitrator between my clients and the heirs of his deceased brother Shri Ishwarbhai Naranbhai Patel with regard to the properties and present distribution adhered in some of the representation made by our clients have number companysidered and thereby my clients hereby raise written objection against the award being filed and hence as an Arbitrator you should number initiate any steps to file.
The dispute was referred to the Arbitrator on 21st May, 1985.
On 5th February, 1992, Motibhai Naranbhai Patel, appellant No.1, filed his reply raising the point of maintainability of the suit on the ground that the suit was in effect filed to enforce an Award which has neither been registered number made the rule of the Court in accordance with law.
The Arbitrator made his Award on 26th February, 1986 and gave intimation of the Award to all the Parties.
On 31st January, 1992 Jayantibhai Ishwarbhai Patel the fourth respondent herein, instituted a suit in the City Civil Court at Bombay in which one of the prayers was for permanent injunction upon the defendants from putting up any illegal or unauthorised companystruction on the suit property, viz.,
Both the applications were disposed of by the aforesaid order passed on 5th October, 1994.
The dispute, by mutual companysent was referred to arbitration.
Dinubhai Motibhai Patel, an Advocate was selected as Arbitrator by the parties.
The plaintiff claimed his right over the suit properties on the basis of the Award dated 26th February, 1986 passed by the Arbitrator.
But the letter written on 24th April, 1986 by the advocate on behalf of the appellants does number indicate that any such settlement had been arrived at.
Since the Award was number filed in Court, the question of applying for setting aside of the Award did number arise.
It appears that he had decided to shed the mantle of an arbitrator and join force with a party in the dispute.
SEN, J. Leave granted.
The appellants have, therefore, companye up on appeal before this Court.
This case arises out of a property dispute between Motibhai Naranbhai Patel and Chandrakant Motibhai Patel, the appellants herein, and Pravinbhai Ishwarbhai Patel, Mahendrakumar Ishwarbhai Patel and Jayantikumar Ishwarbhai Patel, the respondents.
