SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(Cal) 634

SANJIB BANERJEE
Rajeev Maheshwari – Appellant
Versus
Indu Kocher And Others – Respondent


Advocates Appeared:
For the Defendants No.1 to 3:Mr. Anindya Mitra, Sr Adv., Mr. Debangshu Basak, Mr. Anumoy Basu, Mr. Diptangshu Basu, R5, Mr. Utpal Bose, Mr. S.N. Singh Advocates.
For the Plaintiffs:Mr. Hirak Kumar Mitra, Sr Adv., Mr. Sandwip Mukherjee, Ms Pooja Das Chowdhury, Mr. G.S. Asopa, Advocates.

Judgment :

SANJIB BANERJEE, J.

The application is by the first three defendants under Section 8 of the Arbitration and Conciliation Act, 1996 seeking reference of the disputes to arbitration in terms of an arbitration agreement contained in a deed of partnership. The reliefs claimed in the suit include a declaration that the defendants do not have any right, title or interest in respect of the dissolved partnership firm by the name of Bharat Industries and Commercial Corporation including the assets specified in paragraph 10 of the plaint and the consequential injunction relating to such properties. The plaintiffs are the sons of one Mohanlal Maheshwari who, along with Mohanlal Kocher, the predecessor-in-interest of the defendants other than the defendant no.5, commenced a partnership business under a deed of December 23, 1972. Senior Maheshwari died in December, 1984 and senior Kocher died in March, 1992. The fifth defendant is described in the plaint as the assignee of a purported agreement for sale of senior Kocher’s interest in the firm.

The plaint claims that disputes and differences arose between the two partners of the firm which were referred to two arbitrators in August, 1
















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top