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2014 Supreme(Bom) 1678

R.D.DHANUKA
Prakash Cotton Mills Pvt. Ltd. – Appellant
Versus
Vinod Tejraj Gowani – Respondent


Advocate Appeared:
For the Applicants:Virag Tulzapurkar, senior Advocate a/w Nikhil Sakhardande, Atul Daga, Vedangi Tulzapurkar i/b M/s Wadia Ghandy & Co., Advocates.
For the Respondents:R1, R3, F. E. D'vitre, Senior Advocate a/w S.V. Doijode, P.A. Kapadi, R.H. Daulat i/b M/s Doijode & Associates, R2, D.D. Madon, Senior Advocate a/w S.V. Doijode, P.A. Kapadi, R.H. Daulat i/b M/s Doijode & Associates, Advocates.

Judgment

1. By these two arbitration applications, the applicants seek appointment of sole arbitrator. Since the issues involved in both the proceedings are common, both the applications were heard together and are being disposed of by a common order. Some of the relevant facts for the purpose of deciding these two applications are as under.

2. On 25/03/1997 the applicants entered into an agreement with respondent Nos.1 and 2. The said agreement was described as 'Deed of Partnership.' It is the case of the applicants that by the said agreement the applicants and respondent Nos.1 and 2 constituted a partnership firm M/s Kanha & Company being respondent No.3 therein comprising of four partners. The agreement to agree joint development of the properties described therein was amongst the applicants, respondent Nos.1 and 2 and respondent No.3 and in any event for the benefit of respondent No.3. The said document is duly registered with the office of Sub Registrar of Assurances of Bombay.

3. Dispute arose between the parties. On 10/04/2008 the applicants addressed a letter to respondent Nos.1 and 2 and contended that under the said Partnership Deed dated 25/03/1997, the applicants had pool















































































































































































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