The Arbitral Tribunal has the authority to declare the dissolution of a partnership but lacks jurisdiction to conduct winding up activities that involve third-party interests.

JUDGMENT

Prayer: Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 29.09.2018 passed by the Arbitral Tribunal which had arisen out of the dispute between the petitioners and the respondents herein and direct the respondents to pay the costs of the proceedings.)

1. These Original Petitions are filed challenging the three interim awards passed by the Arbitral Tribunal (hereinafter called as the Tribunal) dated 28.11.2013, 15.03.2014 and 29.09.2018.

2. The parties shall hereinafter be referred to by their respective ranks in the award passed by the Tribunal.

3. THE BRIEF FACTS OF THE CASE ARE AS FOLLOWS:

3.1 The business of the Firm is the publication of a Tamil Daily Newspaper called “Dinamalar”. The said Tamil Daily was started by Late T.V.Ramasubbiyer at Trivandrum in 1951. The said T.V.Ramasubbiyer was blessed with five male issues, who were the claimants before the Tribunal. In the year 1957, T.V.Ramasubbiyer had shifted the operations of Dinamalar from Trivandrum to Tirunelveli. In the year 1960, all the 5 claimants were added as partners of business by T.V.Ramasubbiyer. Thereafter, in the year 1972, the firm was reconstituted and the eldest son/R.Venkitapathy/first claimant was retired and his wife V.Saroja was inducted into the partnership. The following editions were subsequently started in the respective years:

Trichy Edition – 1966

Chennai Edition – 1979

Madurai Edition – 1980

Erode Edition – 1984

Pondicherry Edition – 1991

Coimbatore Edition – 1992

Vellore Edition – 1993

Nagarkoil Edition – 1996

Salem Edition – 2000

3.2 Further, it appears that, T.V.Ramasubbiyer was the editor, printer and publisher of Tirunelveli and Tiruchirappalli Editions till 05.11.1975. After the said date, the second claimant/R.Krishnamoorthy became the editor, printer and publisher for Tirunelveli, Tiruchirappalli, Chennai, Madurai and Erode editions. The said T.V.Ramasubbiyer died on 21.07.1984 and on his demise, the firm was reconstituted. At that time, the first claimant was not inducted as a partner. After 1985, the third claimant became the publisher for Tirunelveli, Tiruchirappalli, Chennai, Madurai and Erode editions. Thereafter, on demise of V.Saroja/wife of first claimant, the firm was again reconstituted and the first claimant was inducted as a partner.

3.3 There were disputes between the partners of the firm after the demise of T.V.Ramasubbiyer and with regard to the same, several suits were filed between the partners before various Courts.

3.4 In the year 1999, the litigation was started by the first, fourth and fifth claimants against the second claimant and sons and daughters-in-law of third claimant alleging that they have started a newspaper “Kaalai Malar”.

3.5 In a suit filed by the first, fourth and fifth respondents, they had sought for appointment of a Receiver. Accordingly, a Receiver was appointed, against which an appeal was filed and by order dated 23.01.2007, the said appointment was stayed. Further, as per the direction of this Court, conciliations were held between the partners and a memo of compromise was filed by the parties, in which they had agreed to refer all the disputes, which arises out of partnership deed dated 23.03.1997, to the Arbitral Tribunal constituted by three Arbitrators.

3.6 All the 5 claimants had filed their claims and counter claims before the Arbitral Tribunal and completed their pleadings. Based on the said pleadings, the Tribunal had framed 45 issues on 18.07.2007.

3.7 At this juncture, on the demise of the presiding Arbitrator/K.Venkatasamy, Mr.Justice T.Somasundaram, r