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1977 Supreme(Cal) 338

SABYASACHI MUKHARJEE
MULCHAND DOSHI – Appellant
Versus
DALAM CHAND BENGANI – Respondent


Advocates Appeared:
A.C.BHABRA, CHOUDHARI, P.C.Sen, P.K.Chatterjee, P.K.ROY, R.C.DE, S.K.ROY CHAUDHARY

SABYASACHI MUKHARJI, J.

( 1 ) DISPUTES and differences arose between Khin Karan Doshi, Dhanraj Doshi, Mulchand Doshi and Dalam Chand Bengani, the four partners of the firm of Novelty Engineering Works. There was an agreement to refer the disputes to the arbitration on the 7th Aug. 1974. The said disputes were, accordingly, referred to the arbitration of two arbitrators and they appointed on the 8th August, 1974 one Umpire. The joint arbitrators having failed to arrive at a unanimous decision, referred the matter to the Umpire. The Umpire on the 5th of December, 1974 wrote to the parties and held sittings. There was a meeting on the 7th of December, 1974. This meeting is recited in the award. The minutes of the meeting were signed by the parties. On the 20th of December, 1974 another meeting was held by the Umpire when all the parties were present and by consent of all the parties M/s. Fulchand Manmal, a firm, which was a creditor of the partnership firm in question, was added as a party to the reference. The said minutes were also signed by all the parties. On the 3lst of December, 1974 an award was made by the Umpire. The said award was signed by all the parties as well as by Ful













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