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USHA SHUKLA, D.M.DHARMADHIKARI
MADAN MOHAN AGRAWAL – Appellant
Versus
SURESH AGRAWAL – Respondent
Dharmadhikari, J. - This appeal has been preferred under Section 39(iv) of the Arbitration Act, 1940 against the judgment dated 1.5.1996 of the court of XIIth Additional Judge to the Court of District Judge, Jabalpur whereby the objections raised by the present appellant to the award passed jointly by the two Arbitrators have been rejected and the award has been made rule of the court by passing a decree in terms of the award.
2. The facts leading to the appointment of arbitrators and passing off the award may now be stated.
3. The family started its business in the name of M/s. Chaturbhujdas Ballabhdas and the original partners were Chaturbhujdas with his two sons Madan Mohan Agrawal (appellant herein) and Vallabhdas. From 1966, the trade is being carried on in the partnership firm, named M/s. Chaturbhujdas Vallabhdas. On the death of Vallabhdas in the year 1974, his wife Smt. Rampyaribai (Mother of Smt. Prabhat Agrawal-respondent No. 2 herein) joined as partner in the firm. Smt. Rampyaribai also expired in the year 1991 and Suresh Agrawal (respondent No. 1 - the son-in-law of late Smt. Rampyaribai and husband of respondent No. 2 Smt. Prabhat Agrawal) joined as partner in th
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