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1999 Supreme(Bom) 813

D.K.DESHMUKH
HIRUBHAI HIMABHAI PATEL – Appellant
Versus
V. H. PATEL & CO. – Respondent


Advocates appeared:
Sh. Virendra Tulzapurkar with Sh. S. V. Dhond, Advocates i/b Sh. H. V. Kane, Advocate for the Petitioners.
Sh. Ravi Kadam with Sh. Kumar Tolani and Sh. H. B. Sheth, Advocates i/b M/s. Kaushik Kothari for the Respondents.

ORDER

1. The petitioners have filed this petition challenging the findings on issue Nos. 8,13 and 17 recorded by the Sole Arbitrator in his award dated 25th January, 1999 under sections 30 and 33 of the Arbitration Act, 1940. The facts that are material and relevant for deciding this petition are as under.

2. The firm M/s. V. H. Patel and Co. is a registered partnership firm. The business of the firm is manufacturing and selling chewing tobacco. Initially, the firm had four partners. It was registered in the year 1948. Subsequently, the partnership was reconstituted from time to time. There were three trade marks registered in the name of this partnership firm, on 1st July, 1987, a firm M/s. H. H. Patel and Co., was constituted with Hirubhai Patel and Co. and his two sons by name Pravinbhai and Dineshbhai as partners. In or about 1987, disputes and differences relating to the business of M/s. V. H. Patel and Co. arose between the partners of the firm. The differences were between the partner who had formed the other firm viz., M/s. H. H. Patel and Co. and the remaining partners. On 3rd July 1987, a writing in Gujarathi, referred to as an arrangement of mutual understanding, was exe


























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