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2022 Supreme(Bom) 1981

MANISH PITALE
Nitin Madhvani – Appellant
Versus
Nimisha Madhvani – Respondent


Advocates Appeared:
Aspi Chinoy, Advocate, Gautam Ankhad, Advocate, Ankoosh K. Mehta, Advocate, Srinivas Chatti, Advocate, Janvi Manek, Advocate, Darshan Patankar, Advocate, Nikhil Sakhardande, Advocate, Pheroze Mehta, Advocate, Kaushal Parsekar, Advocate, Nainesh N. Amin, Advocate

JUDGMENT

Manish Pitale, J. - The petitioner is aggrieved by award dated 6th December, 2019 passed by the learned arbitrator, whereby the claims of the respondent No.2 (original claimant) have been allowed. The partnership firm in question is dissolved and declaration is given as regards the proportion of share of the parties to the arbitration proceedings.

2. The facts leading to filing of the present petition under Section 34 of the Arbitration and Conciliation Act, 1996, are that a firm, Singara Nilgiri Plantation Company, came into existence in the years 1951-1952. It was started by members of two families i.e. Madhvani family and Suchde family. The business of the firm involved cultivation, manufacturing and processing of tea in the Nilgiri hills. The firm owns an office at Nariman Point, Mumbai.

3. In 1971, the father of the petitioner, the respondent No.1 and respondent No.3, died and his share in the firm was allotted in equal proportions to his sons i.e. petitioner and respondent No.3, who were admitted to the benefits of the firm. On 31st March, 1976, the members of the S

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