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2009 Supreme(SC) 1670

TARUN CHATTERJEE, V.S.SIRPURKAR
N. Radhakrishnan – Appellant
Versus
Maestro Engineers – Respondent


Advocates Appeared:
For the Appellant : K. V. Viswanathan, B. Raghunath, Vijay Kumar, Anup Kumar, Avishek Kaushik, Advs., for the Appellants.
For the Respondent:Shyam Divan, Sr. Adv., Ravi Krishnan, P.V. Yogeswaran, Dr. R.N. Upadhya, Advs., with him for the Respondents.

JUDGMENT

Tarun Chatterjee, J.—

1. Leave granted.

2. This appeal is directed against the final judgment and order dated, 8th of January, 2007, of the High court of Judicature at Madras in CRP No 1246 of 2006, whereby the High Court had dismissed the Civil Revision Petition filed by the appellant against the order dated 7th of June, 2006 passed in I.A. No. 494 of 2006 (in O.S. No. 526 of 2006) by the 1st Addl. District Munsif at Coimbatore, wherein the appellant had prayed for appointment of an Arbitrator.

3. The facts leading to the filing of this appeal which could be derived from the case made out by the appellants are summarized in a nutshell for the better understanding of the dispute at hand: The appellant had entered into a partnership with the respondents on 7th of April, 2003 to constitute a partnership firm for the purpose of carrying on the business of Engineering Works under the name and style of “Maestro Engineers”. The abovementioned firm had initially commenced its functioning from the premises situated at 41, KPR Lay Out 5th Street, Nanda Nagar Singanallur, Coimbatore-5, (in short the “suit premises”), which belonged to the father of the appellant. The appellant too





















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