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2020 Supreme(Cal) 478

SHIVAKANT PRASAD
Md. Rashid – Appellant
Versus
Md. Arif – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Raja Basu Chowdhury, Adv
For the Respondent: Mr. Arijit Bardhan, Mr. Sayan Sinha, Mr. Mainak Swarnokar, Adv.

JUDGMENT :

1. Both the matters are taken up together and heard analogously and decided by a common judgment and order in view of the fact that the parties herein are same and same issues are involved in both the matters.

2. This is an application under Section 9 of the Arbitration and Conciliation Act, 1996 relating to arbitration agreement dated 14th July, 2008. These two applications are the outcome of souring relationship developed amongst three brothers who are the partners of a family partnership business in the name and style of Aqua Flow Polymers and IMP Irrigation Engineers. Partnership firm run under the said name and style of IMP Irrigation Engineers was originally a sole proprietorship firm of the petitioner commenced in the year 1994 when the petitioner was barely 18 years old. The petitioner’s parents wanted that their other two sons and the brother of the petitioner, being the respondents be also gainfully employed and be opted as partners in the business. Accordingly, the business was reconstituted on 11th July, 2000. Notwithstanding inducting the respondents as partners, both the brothers of the petitioner no.1 contributed very little and the respondent no.2 did not c

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