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2021 Supreme(Ori) 418

K.R.MOHAPATRA
Sulochana Modi – Appellant
Versus
Pawan Kumar Modi – Respondent


Advocates Appeared:
Goutam Acharya, Advocate, Arun Kumar Budhia, Advocate, S.K. Behera, Advocate, D.K. Naik, Advocate, D.P. Mishra, Advocate, A. Panda, Advocate, Ashok Kumar Panigrahi, Advocate, Bhabani Sankar Das, Advocate

JUDGMENT

K.R.Mohapatra, J. - This matter is taken up by video conferencing mode.

2. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Arbitration Act') has been filed assailing the judgment and order dated 25.09.2017 passed by learned District Judge, Cuttack in ARBP No.43 of 2015 filed by the Appellant under Section 34 of the Arbitration Act, whereby dismissing the Arbitration Petition, learned District Judge confirmed the award dated 14.12.2015 passed by the Arbitration Tribunal, Cuttack in Arbitration Case No.3 of 2013.

    2.1 Short narration of facts necessary for proper adjudication of this appeal are that a deed of Partnership at Will was executed between three partners, namely, the Appellant, Respondent and one Binod Kumar Tibrewal. The partnership had established a firm in the name and style of M/s. R. M. Mills over Plot Nos.113 and 114, New Industrial Estate, Phase-II, Jagatpur, Cuttack. The firm was manufacturing turmeric powder and spices etc. Subsequently, one of the partners, namely, Binod Kumar Tibrewal retired from the partnership. Thus, a fresh partnership deed was executed on 28.08.2004 between the Appellant and Respondent. The p

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