ONKARNATH JAJODIA Vs. BRIJLAL JAJODIA
LAWS(CAL)-1972-10-11
HIGH COURT OF CALCUTTA
Decided on
October 03,1972
Onkarnath Jajodia
Appellant
VERSUS
Brijlal Jajodia
Respondents
Referred Judgements :-
GREER AND ANR. V/S. KETTLE [REFERRED TO]ASITULLA V/S. SADATULLA AND ANR. [REFERRED TO]
SECRETARY OF STATE V/S. BALWANT SINGH [REFERRED TO]
BALDEY JAGIDISHWARAYYA AND ORS. V/S. KOTAGIRI TAJALINGAM AND ORS. [REFERRED TO]
NANDRAM HANUTRAM V/S. RAGHUNATH AND SONS LTD. [REFERRED TO]
DHANRAJAMAL GOBINDRAM VS. SHAMJI KALIDAS AND CO [REFERRED TO]
ERACH F D MEHTA VS. MINOO F D MEHTA [REFERRED TO]
PARBHAT GENERAL AGENCIES VS. UNION OF INDIA [REFERRED TO]
BALIKA DEVI VS. KEDAR NATH PURI [REFERRED TO]
RADHA KISHAN VS. SAPATTAR SINGH [REFERRED TO]
INDIAN MINERALS CO VS. NORTHERN INDIA LIME MARKETING ASSOCIATION [REFERRED TO]
DULARI DEVI VS. RAJENDRA PRAKASH [REFERRED TO]
RUNGTA SONS PRIVATE LTD VS. JUGOMETAL TRG REPUBLIKE [REFERRED TO]
GANNON DUNKERLEY AND CO VS. UNION CARBIDE INDIA LTD [REFERRED TO]
GANESH CHANDRA DEY VS. KAMAL KUMAR AGARWALLA [REFERRED TO]
CHIEF ENGINEER B AND R JAIPUR VS. HARBANS SINGH [REFERRED TO]
JAI GOBIND SINGH VS. BAGAL LAL SINGH [REFERRED TO]
VISHWAS BALWANT DAVARE VS. BHALOHANDRA GANESH THAKAR [REFERRED TO]
JUDGEMENT
A.N. Sen, J. -
(1.)This is an appeal against the judgment and order passed by Salil K. Roy Chowdhury J. on June 28, 1971.
(2.)On a petition verified by an affidavit affirmed on September 20, 1969, an application under Sec. 20 of the Arbitration Act for filing an arbitration agreement dated July 18, 1966, and for an order of reference was made before the learned trial Judge. The Petitioner before the learned trial Judge was Brijlal Jajodia. The Respondents to the said application were - -(1) Onkarnath Jajodia, (2) Bimal Kumar Jajodia, (3) Dilip Kumar Jajodia and (4) Pradip Kumar Jajodia. Onkarnath Jajodia and Brijlal Jajodia are brothers. Bimal Kumar Jajodia is the son of Onkarnath. Dilip Kumar Jajodia and Pradip Kumar Jajodia are the sons of Brijlal Jajodia. Brijlal Jajodia and Onkarnath Jajodia, the two brothers, carried on business under the name and style of 'Onkarnath Brijlal' at No. 14 Netaji Subhas Road, Calcutta. Brijlal Jajodia in his petition alleged that the said firm of Onkarnath Brijlal acquired considerable assets and properties and the said firm also made substantial investment in various concerns including M/s. Southern Industries Pvt. Ltd. of No. 4 Ganesh Chandra Avenue, Calcutta. Brijlal further alleged that the assets and funds of the said firm had also been invested in the individual names of the partners, their friends and relatives, and apart from the two brothers, namely, the applicant Brijlal, and the Respondent No. 1 Onkarnath, the other three Respondents also claimed to be interested in the said firm, its properties, assets and investments. It appears that disputes and differences had arisen between the parties and for the settlement of such disputes the parties entered into an agreement on July 18, 1966. It is necessary to set out in its entirety the said agreement which reads as follows:
THIS AGREEMENT made this 18th day of July One thousand nine hundred and sixty six BETWEEN (1) ONKARNATH JAJODIA, son of Maniklal Jajodia, deceased residing at No. 13 Mandeville Gardens, Calcutta -19, hereinafter referred to as the party hereto of the First Part, which term of expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators and representatives of the First Part, (2) BIMAL KUMAR JAJODIA, son of the said Onkarnath Jajodia, residing at premises No. 13 Mandeville Gardens, Calcutta -19, hereinafter referred to as the party hereto of the Second Part, which term or expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators and representatives of the Second Part, (3) BRIJLAL KUMAR JAJODIA, son of the said Maniklal Jajodia, deceased residing at No. 13 Mandeville Gardens, Calcutta -19, hereinafter referred to as the party hereto of the Third Part, which term or expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators and representatives of the Third Part, and (4) DILIP KUMAR JAJODIA, son of the said Brijlal Jajodia, residing at premises No. 13 Mandeville Gardens, Calcutta -19, hereinafter referred to as the party hereto of the Fourth Part (which terms or expression shall unless excluded by or repugnant to the context mean and include his heirs, executors, administrators and representatives) of the Fourth Part, and PRADIP KUMAR JAJODIA, son of the said Brijlal Jajodia, residing at No. 13 Mandeville Gardens, Calcutta, hereinafter referred to as the party hereto of the Fifth Part (which terms or expression shall unless excluded by or repugnant to the context mean and include his heirs, executors, administrators and representatives) of the Fifth Part.
Whereas:
1. The parties hereto or some of them are the joint owners of some assets and properties.
2. The said Onkarnath Jajodia, Brijlal Jajodia and Bimal Kumar Jajodia are the partners in the Partnership Firm carrying on business under the name and style of 'Onkarnath Brijlal' at No. 14 Netaji Subhas Road, Calcutta.
(3.)Some disputes and differences have arisen between the parties hereto in connection with the said assets and properties and the affairs of the said Partnership Firm.
(2.)On a petition verified by an affidavit affirmed on September 20, 1969, an application under Sec. 20 of the Arbitration Act for filing an arbitration agreement dated July 18, 1966, and for an order of reference was made before the learned trial Judge. The Petitioner before the learned trial Judge was Brijlal Jajodia. The Respondents to the said application were - -(1) Onkarnath Jajodia, (2) Bimal Kumar Jajodia, (3) Dilip Kumar Jajodia and (4) Pradip Kumar Jajodia. Onkarnath Jajodia and Brijlal Jajodia are brothers. Bimal Kumar Jajodia is the son of Onkarnath. Dilip Kumar Jajodia and Pradip Kumar Jajodia are the sons of Brijlal Jajodia. Brijlal Jajodia and Onkarnath Jajodia, the two brothers, carried on business under the name and style of 'Onkarnath Brijlal' at No. 14 Netaji Subhas Road, Calcutta. Brijlal Jajodia in his petition alleged that the said firm of Onkarnath Brijlal acquired considerable assets and properties and the said firm also made substantial investment in various concerns including M/s. Southern Industries Pvt. Ltd. of No. 4 Ganesh Chandra Avenue, Calcutta. Brijlal further alleged that the assets and funds of the said firm had also been invested in the individual names of the partners, their friends and relatives, and apart from the two brothers, namely, the applicant Brijlal, and the Respondent No. 1 Onkarnath, the other three Respondents also claimed to be interested in the said firm, its properties, assets and investments. It appears that disputes and differences had arisen between the parties and for the settlement of such disputes the parties entered into an agreement on July 18, 1966. It is necessary to set out in its entirety the said agreement which reads as follows:
THIS AGREEMENT made this 18th day of July One thousand nine hundred and sixty six BETWEEN (1) ONKARNATH JAJODIA, son of Maniklal Jajodia, deceased residing at No. 13 Mandeville Gardens, Calcutta -19, hereinafter referred to as the party hereto of the First Part, which term of expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators and representatives of the First Part, (2) BIMAL KUMAR JAJODIA, son of the said Onkarnath Jajodia, residing at premises No. 13 Mandeville Gardens, Calcutta -19, hereinafter referred to as the party hereto of the Second Part, which term or expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators and representatives of the Second Part, (3) BRIJLAL KUMAR JAJODIA, son of the said Maniklal Jajodia, deceased residing at No. 13 Mandeville Gardens, Calcutta -19, hereinafter referred to as the party hereto of the Third Part, which term or expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators and representatives of the Third Part, and (4) DILIP KUMAR JAJODIA, son of the said Brijlal Jajodia, residing at premises No. 13 Mandeville Gardens, Calcutta -19, hereinafter referred to as the party hereto of the Fourth Part (which terms or expression shall unless excluded by or repugnant to the context mean and include his heirs, executors, administrators and representatives) of the Fourth Part, and PRADIP KUMAR JAJODIA, son of the said Brijlal Jajodia, residing at No. 13 Mandeville Gardens, Calcutta, hereinafter referred to as the party hereto of the Fifth Part (which terms or expression shall unless excluded by or repugnant to the context mean and include his heirs, executors, administrators and representatives) of the Fifth Part.
Whereas:
1. The parties hereto or some of them are the joint owners of some assets and properties.
2. The said Onkarnath Jajodia, Brijlal Jajodia and Bimal Kumar Jajodia are the partners in the Partnership Firm carrying on business under the name and style of 'Onkarnath Brijlal' at No. 14 Netaji Subhas Road, Calcutta.
(3.)Some disputes and differences have arisen between the parties hereto in connection with the said assets and properties and the affairs of the said Partnership Firm.
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