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2022 Supreme(Del) 562

VIBHU BAKHRU
Rajendra Iron Mart – Appellant
Versus
Brajendra Khandelwal – Respondent


Advocate Appeared:
For the Appellant :Mr Pawanjit Singh Bindra, Mr Vinayak Marwah and Mr Bhuvnesh Tyagi, Advocates.
For the Respondents: Mr. K Sunil, Mr. Akash Ojha & Mr. Ashish Mittal, Advs.

JUDGMENT :

VIBHU BAKHRU, J

Introduction

1. The petitioners have filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’) impugning an arbitral award dated 31.01.2019 (hereinafter the ‘impugned award’) delivered by an Arbitral Tribunal constituted of a Sole Arbitrator (hereinafter the ‘Arbitral Tribunal’).

2. The impugned award was rendered in the context of disputes that had arisen, essentially, between the petitioners and respondent no.1 (Sh. Brajendra Khandelwal - hereinafter referred to as ‘BK’). According to the petitioners, BK and respondent no.3 (Smt Ravi Bala Mathur, since deceased) had retired from the firm, Rajendra Iron Mart (hereinafter the ‘Firm’) in terms of the Retirement Deed dated 19.01.2010. Whilst respondent no.3 did not dispute that she had retired from the Firm, BK claimed that he continues to be a partner in the Firm.

3. The disputes, essentially, centre around the question whether BK had retired from the Firm with effect from 19.01.2010.

Factual Context

4. The Firm was constituted by a Partnership Deed

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