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2016 Supreme(Kar) 170

R.B.BUDIHAL
Udaya Insulated Cable Company – Appellant
Versus
Usha Murthy – Respondent


Advocates Appeared:
For the Appellant : Shashi Kiran Shetty, Anuparna Basdoloi
For the Respondents: R. Anil Kumar, Adv. for Kesvy & Co.

ORDER :

Budihal R.B., J.

1. Heard the arguments of the learned senior counsel appearing for the writ petitioner and also the learned counsel appearing for the respondent/plaintiff, perused the grounds urged in the writ petition and also the impugned order passed by the trial court and the documents produced by the writ petitioner along with the petition.

2. The respondent/plaintiff has filed a suit for dissolution of the partnership firm, rendition of the account, realisation and distribution of the plaintiff's share from the first defendants to declare the schedule property as the assets of the partnership firm and to declare the gift deed dated 7.1.2004 is not binding and the letter of termination dated 14.2.2012 as null and void. An application was filed by the writ petitioner/defendants under Section 8 of the Arbitration Act requesting the court to refer the matter for Arbitration. As there is a clause in the partnership deed that in case of any dispute between the parties to the agreement, the matter is to be referred to the Arbitration to resolve the said dispute. In this connection, learned senior counsel appearing for the writ petitioners draw the attention of this court to cl






























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