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1963 Supreme(Cal) 107

BACHAWAT, A.K.MUKHERJI
Brahmaswaoop Gupta – Appellant
Versus
Diwan Chand Minotra – Respondent


Advocates Appeared:
D.Ghosh, K.Banerjee, P.K.Sen, Sankar Ghosh,

JUDGMENT

1. This is an appeal from an order directing the issue of a writ of attachment in execution of a decree. On December 19, 1955, the appellant and the respondent submitted their disputes to the arbitration of Sri ram Chandra Singhi. On April 30, 1956 the arbitrator made his award. Clauses 2, 4 and 7 of the award read as follows: clause2:

"the said Brahma swaroop Gupta do pay a sum of rupees Twenty thousand to the said Diwanchand Minotra within a fortnight from the date hereof and the said Diwanchand Minotra to deliver two hundred ordinary shares held by him in the capital of the said Eagle Paint and Pigment industries Ltd., in his own name or in the names of his friends and relatives to, and also make over the relative transfer deeds duly executed in favour of Brahma swaroop Gupta or his nominee or nominees against payment of the said sum of Rs. 20,000/- (Rupees twenty thousand) only. "

Clause4:

"the said Brahma swarup Gupta will pay a sum of rupees Five thousand to the said diwanchand Minotra, within a period of fortnight from the date hereof in full settlement of all claims and demands of the said diwanchand Minotra in respect of the said partnership of Messrs. Reno Trading C














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