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2023 Supreme(Bom) 36

MANISH PITALE
Zenobia Poonawala (nee Jinwalla) – Appellant
Versus
Rustom Ginwalla – Respondent


Advocates:
Advocate Appeared:
Mr. Aseem Naphade a/w. Mr. Premlal Krishnan, Mr. Rehmat Lokhandwala, Mr. Prashant Bothre, i/by. Pan India Legal Services, Mr. Sameer Pandit and Ms. Sarrah Khambati, i/by. Wadia Ghandy & Co

JUDGMENT :

The petitioner has filed these two petitions, challenging awards passed by a sole arbitrator, concerning disputes in two partnership firms, wherein the petitioner and the respondents were partners. The parties are family members and disputes arose between them, leading to issuance of notices for dissolution of the firms. The parties are members of the Ginwalla family, wherein the father Farhad Ginwalla, along with his son and daughters, were running the business of the two partnership firms, M/s. Shroff & Co, Colaba (hereinafter referred to as the Colaba firm) and M/s. Shroff & Co, Grant Road (hereinafter referred to as the Grant Road firm). The Grant Road firm was in the business of wholesale distribution of wines and spirits, since 1908 and the Colaba firm was in the retail business of wines and spirits.

2. On 14th March 1995, Farhad Ginwalla i.e. the father of the parties herein and Cherie Ginwalla, both original claimants, executed partnership deed, introducing the petitioner Zenobia Poonawalla as a partner in the Colaba firm for profits only. The share of partnership was, Farhad Ginwalla 40%, Cherie Ginwalla 40% and the petitioner Zenobia 20%. On 29th November 1996, t

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