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2000 Supreme(Del) 482

MUKUL MUDGAL
SATISH AGGARWAL – Appellant
Versus
SUBHASH CHAND AGGARWAL – Respondent


Advocates Appeared:
A.S.MATHUR, Arvind K.Malik, B.S.Nagpal, I.S.MATHUR, S.K.MANIKTALA, SVATI SINGH

MUKUL MUDGAL

( 1 ) THIS is a petition under Section 9 of the Arbitration and Conciliation Act, 1996which seeks the appointment of a receiver for the firm M/s. Sultan Chand and Sons andm/s. Premier Book Co. , which were formed pursuant to a Partnership Deed dated2. 4. 1976 between Shri Prakash Chand and his brother and sisters who arerespondents 1, 2 and 3. The petitioners deceased father Prakash Chand had 40 percent share and each of the respondents had 20 per cent share, and the partnershipdeed contained an arbitration clause.

( 2 ) ON 10. 9. 1997 Shri Prakash Chand, died leaving his will dated 25. 1. 1997bequeathing his share in the partnership to his two sons who are the presentpetitioners. The defendants 4-8 are daughters of the deceased Prakash Chand. Thedefendant No. 1 is the brother and respondent Nos. 2-3 are the sisters of Prakashchand and each had 20% share in the firm. The petitioner s case is that on the deathof Shri Prakash Chand, the partnership stood dissolved by operation of law undersection 42 sub-clause (e) of the Indian Partnership Act, there being no clause for thecontinuation of the partnership subsequent to the death of one of the partners. Pursuant to the de
























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