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2024 Supreme(Cal) 1221

I. P. MUKERJI, BISWAROOP CHOWDHURY
Hamida Khatoon – Appellant
Versus
Meraj Yusha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.N. Mookherji, Tilak Kr. Bose, Sakya Sen, D.N. Sharma, Ratnesh Kr. Rai, Devanshi Deora, Sakshi Kejriwal, Utpal Bose, Krishnaraj Thaker, Ankan Rai, Priyanshi Bajaj, Ratnanko Banerjee, Yash Singhi, Devanshi Deora.
For the Respondents: Joy Saha, Saraswat Mohapatra, Urmila Chakraborty, Abhijit Sarkar, Jishnu Saha, Ishan Saha, Rishav Karnani, Pranav Sharma.

JUDGMENT :

I.P. MUKERJI, J.

1. All these appeals involve identical questions of fact and law and are being disposed of by this common judgment and order.

2. Each of the appeals arises out of a judgment and order dated 22nd December, 2023 made by a learned single judge of this court in an application under Section 9 of the Arbitration and Conciliation Act, 1996. By this judgment and order a show cause notice dated 20th October, 2023 issued by a partnership firm to one of its partners, Meraj Yusha asking him to show cause why he should not be expelled and the decision on it by the firm dated 15th November, 2023 expelling him from the partnership was stayed for a period of six weeks from the date of the order or until any contrary or further order was passed by the arbitral tribunal, to be constituted. The arbitral tribunal in terms of this order was to be constituted within four weeks of its pronouncement. It has been constituted. The learned arbitrator has entered upon the reference.

3. The dispute concerns a partnership firm M/s Serajuddin & Company. It has two offices, one registered, at P-16, 72, Bentinck Street, Kolkata- 700001 and the other described as the head office at 19/A Abdu

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