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1993 Supreme(Bom) 269

N.D.VYAS, SUJATA V.MANOHAR
CHANDULAL HATHIBHAI SHAH – Appellant
Versus
CHAMPAKLAL AMBALAL PARIKH – Respondent


Advocates appeared:
P. K. Samdani i/b G. S. Manaswala, for the Appellant.
D. C. Shah, for the Respondent.

JUDGMENT

Sujata Manohar, J. - The appellant and the respondent entered into a Deed of Partnership dated 1.1.1979 under which they agreed to carry on business in yarn and as commission agents in partnership in the firm name and style of M/s. C. H. Shah & Co. The partnership, however, is not registered. A recital in the Partnership Deed states that the respondent was tenant of business premises situate at Room No. 29, 152/2 Narayan Dhuru Street, Bombay-400003. Clause 5 of the Partnership Deed provides that the partnership business as to be conducted in the said premises. Clause 29 of the partnership deed provides that any dispute or question which may arise in connection with the business of the said partnership or any matter connected with it shall, unless decided by mutual agreement by the parties, be referred to arbitration of arbitrators, one to be appointed by each party to the dispute.

2. Since about July, 1981 there were disputes between the parties. According to the respondent, from 20th July, 1981 onwards the appellant prevented the respondent from entering the said premises. The respondent thereupon gave a notice of dissolution on 1.1.1981. The respondent thereafter filed i



















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