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2009 Supreme(Ker) 590

K.M.JOSEPH, M.L.JOSEPH FRANCIS
D. P. Balachandran – Appellant
Versus
S. Parthasarathy – Respondent


Advocates Appeared:For the Petitioners:K. Ramakumar, Sr. Advocate. For the Respondents:S. Sreekumar, Advocate.

Judgment :-

K.M.Joseph, J.

Appellant challenges the order passed by the District Judge under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act). By the impugned order, the District Judge has rejected the petition filed by the appellant seeking to set aside the Award passed by the Arbitrator.

2. By the Award, the Arbitrator directed the appellant to surrender vacant possession of a plot in the Aroor Chemical Industrial Estate to the respondent who was the claimant before the Arbitrator, within one month from the date of the Award. The claim of the respondent, in brief, is as follows:

The respondent and the appellant were Partners of a Firm. The plot of land which is directed to be surrendered was originally allotted to one Shri V.A.A. Menon by the Government. He was conducting business in the plot in the name and style "Kerala Pesticides" which was a proprietory concern. Later, the respondent along with Shri

V.A.A. Menon and one Govindaraj formed a partnership in 1981. Later, Shri V.A.A. Menon retired. But, the partnership continued under a re-constitution. On 15.1.1987, there was a re-constitution. The said firm was dissolved on 27.2.1987.

























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