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1996 Supreme(SC) 824

K.RAMASWAMY, G.B.PATTANAIK
Krishna Motor Service Ry Its Partners – Appellant
Versus
H. B. Vittala Kamath – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. These appeals by special leave arise from the order of a Division Bench of the Karnataka High Court made in M.F.A. No. 324/86 on 3.1.1994 and in Civil Petition No.96/94 on 25.3.1994. It is not necessary to narrate in extenso the constitution, existence and continuance of the partnership firm prior to July 1, 1973. Suffice it to state that the respondent, who was working in the partnership firm as a Supervisor on salary basis, was taken as a partner on July 1, 1973, resulting a new partnership and it was agreed that he would be entitled to 10% of the profit and loss without contribution of any capital in the partnership. When disputes had arisen between the appellants and the respondent, the appellants - four partners - had a notice issued on 10.5.1984 dissolving the partnership. The respondent by his reply dated 17.5.1984 had agreed for dissolution. Subsequently, he filed an application under Section 20 of the Arbitration Act, 1940 (for short, the Act ) on 8.6.1984, in the court of the Civil Judge at Shimoga for reference to the arbitrator in terms of the agreement. The trial Court rejected three out of 4 clai


















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