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2016 Supreme(Cal) 248

INDIRA BANERJEE, SAHIDULLAH MUNSHI
Tufan Chatterjee – Appellant
Versus
Rangan Dhar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jishnu Chowdhury, Mr. Asif Ali
For the Respondent: Mr. Sabyasachi Bhattacharyya, Ms. Shohini Chakraborty

JUDGMENT :

Indira Banerjee, J.

This appeal is against an Order No. 9 dated 5thJanuary, 2016 passed by the Court of the learned District Judge, South 24 Parganas at Alipore, in an application of the appellant for interim relief, under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act.

2. The appellant and the respondent carried on business in real estate, as partners of the partnership firm ‘Pyramid Construction and Contractors.

3. A Deed of Partnership dated 31st November 1995 was executed by and between the appellant and the respondent in terms whereof the respondent contributed 100% to the capital of the firm. The petitioner made no contribution.

4. It was, however, agreed that the share of profits and loss of the partnership firm, would be shared between the partners in the proportion of 75 percent and 25 percent, the share of the respondent being 75 percent, and the share of the appellant being 25 percent. The said partnership firm contained a clause for settlement of disputes by arbitration.

5. The partnership firm undertook six construction projects, particulars whereof have been given in the petition. However, disputes and differences


















































































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