Kanti Bhai Damani v. Ashwani K.Goenka

Order Dasti.

MARCH 31st 2008 (S. RAVINDRA BHAT) JUDGE page no. 29 of 29

* IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP 284/2003 and IA No. 6597/06 Reserved on : February 29, 2008 Pronounced on : March 31st, 2008 KANTI BHAI DHAMANI ..... Petitioner Through Mr. S.B. Upadhyay, Sr. Advocate with Mr. Pawan Upadhyay, Mr. Rohit Kumar Yadav, Mr. Bikram Dekar, Advocates versus ASHWANI K. GOENKA & Ors. ..... Respondent Through Ms. Malvika Rajkotia, Mr. Jayant Mehta, Ms. Jyoti Srivastava, Advocates for respondent No.1. Mr. Ashu Bhanot, Advocate for respondent No.2. CORAM: Mr. Justice S. Ravindra Bhat 1. Whether reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes Mr. Justice S. Ravindra Bhat: 1. In this petition, under Section 34 of the Arbitration and Conciliation page no. 1 of 29 Act, 1996 (hereafter called "the Act") the petitioner seeks setting aside of the Award dated 25.8.2001 (hereafter called "the impugned award") passed by the third respondent. 2. According to the averments, the petitioner and second respondent are husband and wife, their marriage was solemnized in 1980. It is alleged that in 1982 the petitioner and his wife came into contact with the first respondent (since deceased), as the later was dealing in non-ferrous metals. The parties joined hands in a business relationship. It is claimed that some time thereafter, the petitioner became aware of the first respondent's involvement in criminal cases i.e. FIR No. 151/1998 where he was alleged to have committed offences punishable under Sections 409/420 IPC. The petitioner further claims that his wife, under the influence of the first respondent and the third respondent registered various complaints against him. 3. It is alleged that on 8.2.2002, the second respondent registered a First Information Report (FIR) against the Petitioner alleging commission of offences under Section 498A. According to the complaint of the second respondent, the relationship had turned hostile for 3-4 years. It is also alleged that the respondent attempted to extract money from the petitioner. It is further alleged that the first respondent later implicated in the petitioner in a false criminal case and registered an FIR 316/2002. The petitioner was taken into custody. He relies on an order dated 11.10.2002 of this Court in W.P.(C) 1026/2002 where the matter was directed to be enquired into by the District page no. 2 of 29 and Sessions Judge. 4. It is contended that during the course of police remand, the petitioner was forced to sign 50-60 written papers and 20-25 plain papers which he highlighted in an application to the Court. It is claimed that taking advantage of the said position, the respondents filed an EX. 114/2003 in March 2003 claiming enforcement of the impugned Award said to have to have been made on 25.8.2001. 5. It is contended that the petitioner was not aware of the Award said to have been made on 25.8.2001 and became aware of it only on 16.5.2003 when his counsel had detected the pendency of the execution proceedings. The petitioner was thereafter represented on 12.7.2003 in the execution proceeding, when he learnt that an ex-parte award was made saddling him with liabilities to the tune of Rs. 6.5 crores. It is alleged that no copy of the Award was ever sent to him. 6, The impugned Award is challenged on the ground of fraud played upon the petitioner and it being based on false and fabricated documents. 7. The petitioner further relies upon the fact that the impugned Award was supposed to have been made on 25.8.2001 whereas the Execution was filed in March 2003. It is claimed that the real story was that blank signatures were obtained in September 2002 during his police remand. Since the petitioner had filed an application, highlighting the illegality on the part of the police and the respondent, they kept waiting for outcome of the said page no. 3 of 29 application; the writ petition was later disposed of on 21.2.2003 as the