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2013 Supreme(Bom) 1848

ROSHAN DALVI
Yashvant Chunilal Mody – Appellant
Versus
Yusuf Karmali Kerwala – Respondent


Advocates Appeared:
For the Applicant:A. Anturkar, a/w. Vishal Thaker, i/b. V. Thakers, Advocates.
For the Respondents:R1 & R2, K.F. Merchant, a/w. Vinod Solanki, R3 to R5, J. Reis, Sr. Advocate, a/w. Ms. Anjali Trivedi, Advocates.

Judgment :

1. This is an application for appointment of a sole arbitrator U/s.11 of the Arbitration and Conciliation Act, 1997 (the Act) by the Applicant who is one of the eight partners of the partnership firm of which the arbitration agreement is alleged. Several of the partners have expired. Their heirs and legal representatives are some of the Respondents. The claim of the Applicant is of having entered into a partnership on 1st April, 1974 consequent upon the introduction of the partners in February, 1974 and their desire to carry on joint business since March, 1974.

2. It is the Applicant's case that initially the written agreement between the parties was not executed. It has been executed on 24th September, 1975 after the oral partnership without any formal document came into existence. In fact it is one of the claims that no formal partnership deed was initially executed upon certain advise (presumably legal). This is specifically stated in view of the facts which shall be considered presently. The partnership was to be between the parties and the joint business of the partners was to be the business of dairy farming. The Applicant had certain cattle. He wanted to expand hi






































































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