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1987 Supreme(SC) 629

G.L.OZA, SABYASACHI MUKHARJEE
Coimbatore District Podu Thozillar Samgam P. F Presented By Its Secretary: A. Rangaswamy – Appellant
Versus
Balasubramania Foundry – Respondent


Advocates:
A.K.GANGULY, A.T.M.SAMPATH, C.S.VAIDYANATHAN, K.K.VENUGOPAL, K.SWAMY, P.CHAUDHARY, S.Padmanabhan, S.R.Bhatt, S.R.Setia, SHANKAR GOPAL PAGIRE

Judgement

SABYASACHI MUKHARJI, J. :- There were disputes between the partners of the firm Balasubramania Foundry (hereinafter called the firm) and several legal proceedings were taken in the courts of Coimbatore, these ultimately came to this Court. This Court by an order dated 2nd November; 1982 referred the disputes to the Arbitrator. The order stated that the disputes were referred to the sole Arbitrator, Justice K. S. Palaniaswamy failing him Justice C. J. R. Paul and the respective parties including the firm were directed to file their joint memos in all the courts where the suits/proceedings were pending before the Arbitrator. The Arbitrator was directed to proceed in accordance with the Arbitration Act. In order to complete the narration, there was an application for appointment of Receiver which was directed to be proceeded with in the trial court. This Court, however, by the said order directed the trial court to dispose of that application.

2. By the said order as mentioned hereinbefore in the absence of Justice K. S. Palaniaswamy, Justice C.J.R. Paul duly heard and considered the matter and published the award on 3rd April, 1985.

3. It is claimed by Mr. Ghosh, appearing on






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