M.RAMAKRISHNA RAO, S.VENKATARAMAN
H. B. VITTALA KAMATH – Appellant
Versus
KRISHNA MOTOR SERVICE, SHIMOGA – Respondent
( 1 ) THIS appeal is filed by the petitioner in A. C. No. 2 of 1984, on the file of the Prl. Civil Judge, Shimoga, against his order dated 20/11/1985 allowing his application in part and referring only one of the four points raised by him for arbitration and declining to refer the other three points.
( 2 ) THE parties will be referred to by the rank they held in the lower-Court. It is undisputed that the petitioner and respondents entered into a partnership to carry on business with effect from 1-7-1973 and the terms and conditions of the partnership agreement were reduced into writing as per Ex. R. 3 dated 6-10-1973. The partnership was one at will. It is also undisputed that the respondents issued a notice dated 10-5-1984 dissolving the firm with effect from 10-5-1994. Clause 17 of the terms and conditions of the partnership agreement Ex. R. 3 contemplates reference to arbitration of any dispute that may arise between the parties and it reads as hereunder:"17. If at any time here after, either during the continuance of the partnership or after the dissolution or termination thereof otherwise, any dispute or difference shall arise between the partners or their res
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