12th May 2023 Per,

Shree Chandrashekhar, J.

Vinay Choudhary in whose favor an Award was made has challenged the judgment dated 17th July 2018 passed in Original Suit No.36 of 2018 by which the Award has been set-aside.

2. The initial dispute which arose between the parties pertained to partnership deed dated 2nd May 2002 executed between Vinay Choudhary and Sumit Sanwaria with an understanding that the partnership business shall continue in the name and style of M/s Chhotanagpur Hard Coke Industries and the principal place of business shall remain at Lal Bazar within Jharia PO in the district of Dhanbad. This partnership deed was executed after Rajendar Sawariya and Alok Sawariya who were the uncles and Amit Sanwaria who is the brother of Sumit Sanwaria had agreed to dissolve the earlier partnership deed – it was dissolved on 1st May 2002. As per the re-constituted partnership deed dated 2nd May 2002, the partners were required to make capital investment for carrying on the business with a provision for interest @ 7% per annum to the partners on the credit balance lying in their respective capital account. It was further agreed upon between the parties that the first account