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2013 Supreme(Bom) 576

D.Y.CHANDRACHUD, A.A.SAYED
Vijaypat Singhania – Appellant
Versus
Hari Shankar Singhania – Respondent


Advocates Appeared:
For the Appellants:Aspi Chinoy, Sr.Advocate with Ms. Gitanjali Prabhu, Aditya Thakkar, M.Neville Lashkari, Ms. Jyotsana Kondhalkar, Anuj P. Agarwala, Ms. K.A. Vishnupriya i/by Vigil Juris, Advocates.
For the Respondents:R1, M.K. Banatwala, R2 to R6, I.M.Chagla, Sr.Advocate with D.D. Madon, Sr.Advocate, Riyaz Chagla, Chetan Kapadia, Chakrapani Misra, Ms. Nandini Khaitan, Ameya Gokhale, Sahil Narang, Devesh Juvekar, Ms. Vatsala Sahay, Suhas Sagar, Ms. Meghna Rajadhyaksha i/by Khaitan & Co., R7 to R15, Pravin Samdani, Sr.Advocate with Zal Andhyarujina, Sreekant Mehta, Shailesh Shukla i/by Malvi Ranchhoddas & Co., R16 & R18, Suresh M. Sabrad, Advocates.

Judgment :

Dr. D.Y. Chandrachud, J.

1. By a judgment dated 1 October 2009 the learned Single Judge dismissed petitions filed by the Appellants under section 34 of the Arbitration and Conciliation Act, 1996. The petitions sought to question the legality of an arbitral award dated 4 August 2008 of a sole arbitrator, Mr.Justice S.N.Variava.

2. On 21 February 1980 a deed of partnership was constituted in which three branches of the Singhania family were represented. The three branches, in these proceedings, would for convenience of reference, be referred to as the Kanpur, Kolkata and Mumbai branches. Clause-10 of the deed of partnership provided that a partner could retire with a stipulated period of notice and unless mutually agreed to, upon retirement, an outgoing partner would be entitled to receive his proportionate share in the properties of the firm in specie after deducting the liabilities. Clause-11 of the deed of partnership provided as follows:

“That in the event of dissolution of the firm accounts shall be settled between the partners in accordance with the provisions of Section 48 of the India Partnership Act as applicable at the relevant time. The assets of the firm shall















































































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