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1965 Supreme(All) 241

D. S. MATHUR
Badri Dass – Appellant
Versus
P. K. Ramakrishnan – Respondent


Advocates appeared:
K.C. Agarwal, Advocate, for the Applicant; R.B. Misra, Advocate, for the Opposite parties

JUDGMENT

D.S. Mathur, J. - This is a revision under Section 115, Civil Procedure Code by Badri Das against the judgment of the Additional Civil Judge of Meerut, partly allowing and partly dismissing his appeal arising out of an order of the Munsif of Ghaziabad, dismissing his objection to the award and thereby refusing to set aside the award made by Mohan Singh, opposite party No. 2.

2. The material facts of the case are that Badri Das, applicant, and P. K. Ramkrishnan, opposite party No. 1, were partners of an unregistered firm. They entered into an arbitration agreement whereby two matters were referred to the arbitration of the sole Arbitrator, Mohan Singh, opposite party No. 2, who is the partner and proprietor of Sri Guru Nanak Engineering Company, Ghaziabad. The matters referred to arbitration were:

(1) Dispute regarding continuance or otherwise of the partnership and,

(2) Finalisation of accounts. The Arbitrator conducted the arbitration proceeding and within the prescribed period made an award and gave notice thereof to the parties. Thereafter P. K. Ramakrishan, opposite party No. 1, made an application under Section 14(2) of the Indian Arbitration Act for the filing of the a

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