JUDGEMENT

Chelameswar, J. –

1. Aggrieved by an order dated 24th September, 2010 in Arbitration Application No. 44/2008 on the file of the High Court of Bombay, the instant SLP is filed by the two children of the applicant (hereinafter referred to as “the original applicant”) in the above mentioned application. The SLP is filed with a delay of 717 days. Therefore, two IAs came to be filed, one seeking substitution of the legal representatives of the deceased appellant and the other for the condonation of delay in filing the SLP.

2. The 1st respondent is the brother of the original appellant and the other respondents are the children of another deceased brother of the original applicant. Respondents are served and they have contested both the IAs.

3. Accepting the reasons given in the applications, we deem it appropriate to condone the delay in preferring the instant SLP and also substitute the original appellant (since deceased) by his legal representatives. Both the IAs are allowed. Delay condoned.

Substitution allowed. Leave granted.

4. The undisputed facts are that the parties herein are carrying on some business in the name and style of a partnership firm constituted under a partner