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2022 Supreme(SC) 75

INDIRA BANERJEE, ABHAY S. OKA
Mohammed Masroor Shaikh – Appellant
Versus
Bharat Bhushan Gupta – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Tahir Ashraf Siddiqui, AOR
For the Respondent(s): Mr. Amar Dave, Adv. Mr. Farid F. Karachiwala, AOR Ms. Pooja Kane, Adv.

JUDGMENT :

ABHAY S. OKA, J.

Leave granted.

1. These three appeals take exception to the similar orders passed by a learned Single Judge of the Bombay High Court on 6th March 2020 on the petitions under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act”). The appellant, the respondent no.1 and the respondent nos.3 to 5 were the partners of three different partnership firms in the name and style of M/s M.M. Developers, Nisarga, M/s M.M. Developers, Shanti Nagar and M/s M.M. Developers, Shramjivi. The facts of these three cases are identical and therefore, for convenience, we are referring the facts of the case in Civil Appeal arising out of Special Leave Petition (Civil) No. 7635 of 2021. A deed of retirement-cum-continuation dated 12th September 2014 (for short “the retirement deed”) in respect of the firm M/s M.M. Developers, Nisarga (the respondent no.2) was executed by and between the appellant, the respondent no.1 and the respondent nos.3 to 5. The retirement deed recorded that the respondent no.1 retired from the respondent no.2 partnership firm on the terms and conditions mentioned therein and the business of partnership firm was continued b

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