LAWS(KAR)-1982-10-9

INDIRA DEVI Vs. K S T A T

Decided On October 13, 1982
INDIRA DEVI Appellant
V/S
K.S.T.A.T. Respondents

JUDGEMENT

(1.) A wealthy gentleman called K, P. Pandyaraja Ballal of Moodabidri Town, D. K. Dist. a Jain by religion, governed by Aliyasanthana law of succession, with a large number of children, one of whom was K. Jayaraja Ballal, started passenger transport business under the name and style of 'Ballal Motor Service'. Before his death in July, 1968 Pandyaraja Ballal who owned as many as 24 passenger buses converted bis proprietary concern info a partnership concern under the firm name called 'Ballal Motor Service' thereinafter referred to as the firm) with bis wife and children as partners of that firm.

(2.) ON 1-4-1972 the firm was re-constituted and Jayaraja Ballal, the eldest male member of the family was made its managing partner. ON 18-7-1974, the firm was again re-constituted by inducting two more grand children of Pandyaraja Ballal to the benefit of the firm with all the previous partners and Jayaraja Ballal continuing as its managing partner as before (Annexure-R1). The firm considerably expanded its transport business and owned about 74 vehicles as on 18-7-1974.

(3.) SAME time in 1979 serious disputes arese among the partners. On 3-2-1986 the partners of the firm under aa agreement of that date (Annexur R2) voluntarily referred their disputes to a panel of arbitrators setting out in detail the terms of reference and the terms and conditions of their adjudication. One of the matters to be decided by the arbitrators is the aforesaid permit and vehicle No. MEG 5142. The panel of arbitrators have entered on the arbitration and are proceeding with their adjudication.