S.S.M.QUADRI
N. Khadervali Saheb – Appellant
Versus
N. Gudu Sahib – Respondent
( 1 ) THE Civil Revision Petition and the Civil Miscellaneous Appeal arise out of the common judgment dated 29/03/1989 of the learned Principal Subordinate Judge, Ananthapur, in O. S. No. 3/73 and O. P. No. 38/74 on the file of his court. The petitioners in the C. R. P. are the appellant in the CMA.
( 2 ) TO appreciate the controversy in these cases it would be useful to notice the relevant fact. Two brothers and one son of each of them entered into a partnership and started a business under the name and style of "sri Baba Fakruddin Oil Mills". In the course of business disputes arose between the parties. They made reference of the disputes to the arbitrators. The arbitrators passed an award on 2. 10. 1972. Petitioners 1 and 2 in O. P. No. 38/74 filed that O. P. under Section 30 of the Arbitration Act to set aside the award dated 2. 10. 1972 and respondents 1 and 2 in the said O. P. filed O. S. No. 3/1973 under Sections 14 and 17 of the Arbitration Act praying the court to direct one of the arbitrators J. Gundappa Rao (respondent No. 5 therein) to produce the original award dated 2. 10. 1972 into court and to make the award rule of the court. The parties
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