SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application for setting aside of an award dated the 28th March, 1973. In order to appreciate the point urged in this application the facts that need be referred to briefly are that there was an agreement in writing between Hindustan Steel Works Construction Ltd. , the petitioner herein and M/s. Bharat Spun Pipe Company. The said contract was executed on the 7th October, 1967. One Shrigopal Modi was the sole proprietor of Bharat Spun Pipe Company at that time. Thereafter, sometime in 1968 the said Messrs. Bharat Spun Pipe Company was transformed into a partnership firm and some persons were taken in as partners. At the hearing of this application a deed of partnership dated the 2nd of November, 1967, was produced before me whereunder this partnership was formed in respect of the said contract with the Hindustan Steel Works Construction Ltd. and the work carried thereunder. According to the petitioner the petitioner was not aware of this transformation of the composition of Messrs. Bharat Spun Pipe Company. According to the respondent, however, the petitioner was duly informed by a letter and the petitioner continued to have transactions with

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