VELJI NARSHI SHAH
V.
KANTI NARSHI SHAH & 2 ORS.

RULING OF THE COURT

1. The applicant, Velji Narshi Shah, has applied to this Court under Rule 5(2)(b) of the Rules of this Court seeking an order that –

“pending the hearing and determination of the appeal from the ruling and decree of the High Court delivered on the 18^th day of December 2009, this honourable Court be pleased to grant a stay of execution of the said ruling and decree.”

2. The applicant avers in his application that he is apprehensive that unless he is granted the order for stay as prayed, his appeal to this Court, if successful, shall be rendered nugatory.

BACKGROUND

3. The record before us shows that the applicant and the two respondents are brothers. They had a dispute involving family property which resulted in arbitration in accord with an arbitral agreement between them dated 28^th February 1999 pursuant to which Mr. Rustam Hira, an advocate, was appointed as a single arbitrator. The latter rendered an arbitral award dated 20^th June 2002. Kanti Narshi Shah, the 1^st res…