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2004 Supreme(All) 292

M.KATJU, R.S.TRIPATHI
MODERN METAL INDUSTRIES – Appellant
Versus
SHANTI PAROLIA – Respondent


Advocates Appeared:
A.K.SRIVASTAVA, H.NABAKUMAR SINGH, RAVI KANT CHADHA, S.P.GUPTA, Vipin Sinha

M. KATJU, J.

( 1 ) THIS appeal has been filed against the impugned order of the District Judge, Kanpur Nagar dated 22-12-2003 by which the appellants application under s. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act) has been dismissed.

( 2 ) HEARD Sri S. P. Gupta, learned senior advocate and Sri Sunil Gupta learned senior Advocate for the appellant, and Sri Ravi kant, Senior Advocate and Sri H. N. Singh for the respondents.

( 3 ) THE facts of the case are that a partnership firm M/s. Modern Metal Industries, appellant No. 1, was constituted under the partnership Act, whose partners included (1)the appellant No. 2, Shri Bhagwan Gupta, (2) Smt. Shanti Parolia and (3) Smt. Sunil kumari Parolia. The business of the firm consisted of manufacture and sale of various aluminium and steel products, and the factory is located in the premises at 83/258 a, Juhi Khurd, Kanpur. True copy of the partnership deed is at page 46 of the paper book in this case being Annexure-1 to the affidavit in support of the stay application. Clause 18 of the partnership deed states : that all disputes and questions in connection with the partnership or interpret



















































































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