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1986 Supreme(SC) 176

G.L.OZA, K.N.SINGH, O.CHHINNAPPA REDDY
Madras Bangalore Transport Company (West) – Appellant
Versus
Inder Singh – Respondent


Advocates:
K.B.ROHTAGI, P.D.SHARMA, S.K.DHINGRA, SITAL A.K.DAR, Y.S.Chitale

JUDGMENT

CHINNAPPA REDDY, J.:— The Madras-Bangalore Transport Company, a partnership firm, became the tenant of the disputed premises in July 1962. In 1967, there appear to have been some disputes between the partners of the Madras-Bangalore Transport Company. The disputes were settled by arbitration. The partnership firm was spilt-up into two firms, the Madras-Bangalore Transport Company (West) and the Madras-Bangalore Transport Company (East). The business of the old firm was also divided between the new firms area wise. Under the arrangement each of the new firms was forbidden from carrying on operations in the territory allotted to the other. However, the Madras-Bangalore Transport Company (East) appears to have ceased to function for practical purposes. Even so, the Madras-Bangalore Transport Company (West) could not operate in the territory allotted to the Madras-Bangalore Transport Company (East). So the partners of the Madras-Bangalore Transport Company (West) founded a Limited company styled as the Caravan Goods Carrier Private Limited in order to secure the business in the territory which had been allotted to Madras-Bangalore Transport Company (East) and which business wa















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