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2000 Supreme(Bom) 776

R.M.S.KHANDEPARKAR
J. J. L. B. Engineers and Contractors through its partner Balabeersingh – Appellant
Versus
Manmohan Harijinder & Associates & another – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Heard the learned advocates for the respective parties.

2. The appellant challenges the order dated 20th March, 1986 passed by the lower Court in Misc. Application No. 145/81 rejecting the objections filed under sections 30 and 33 of the Indian Arbitration Act, 1940 (hereinafter called as the said Act) to the award dated 6-11-81.

3. The appellant is a registered partnership firm and was awarded the contract of canal work in relation to Jayakwadi project. The appellant had applied the services of the respondent No. 2 on contract basis and the payments thereof were made either to the respondent No. 2 himself or in the name of his firm i.e. respondent No. 1. At some point of time, dispute arose between the appellant and the respondents, and one of the partners of the appellant-firm by name Bhupindersing signed an agreement agreeing for reference of dispute to arbitration pursuant to which award dated 6-11-81 was delivered.

4. It is the case of the appellant that the reference of dispute to arbitration by Bhupindersing was without consent of the partners of the appellant and therefore, award is not binding upon the appellants. On the other hand, it


























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