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1990 Supreme(All) 56

R.P.SINGH, N.N.MITHAL
KISHAN GUPTA – Appellant
Versus
RAM BABU GUPTA – Respondent


Advocates Appeared:
B.D.Mandhyan, Kanpur Nagar, Madan Behari Lal, R.K.Malviya

N. N. MITHAL, J.

( 1 ) AN order making reference of dispute between the parties to arbitration passed by the Court below is under challenge in this appeal,

( 2 ) IN order to understand the controversy in its correct perspective, it will be necessary to have some facts forming the background of the parties relations and all the controversy between them. Admittedly the parties are real brothers and they along with their father Pyare Lal used to carry on partnership business along with Rajendra Kumar under a Deed of Partnership dated 31st April, 1964. The business that they carried on was under the name and style of M/s. Indian Industries and Steel Company. This business continued upto 15th of October, 1973 when Rajendra Kumar retired from the firm and the remaining three partners reconstituted themselves into a partnership firm on 16th October, 1973, each having 1/3rd share in the profits and losses. The father Pyare Lal died on 25th February, 1977 and subsequently there was again reconstitution of the partnership on 1st April, 1977. This time two partnership deeds were executed between the parties, each having half share in two partnership businesses, one in the name of Indian Indust















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