LALA GOBIND RAM KAPOOR Vs. PREM PARKASH KAPOOR
HIGH COURT OF JAMMU AND KASHMIR
LALA GOBIND RAM KAPOOR
PREM PARKASH KAPOOR
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Kotwal, J. -
(1.) THIS judgment will govern the disposal of Civil First Appeals Nos. 55, 58 and 63 of 1961. aS these appeals are directed against the same judgment of a learned single Judge of this court and raise common questions of law and fact, hence they are being disposed of by a common judgment,
(2.) PUT briefly, the facts leading up to the filing of these appeals are as follows:- On 30-9-1974, Prem Prakash Kapoor, the contesting respondent in all these appeals, brought a suit in this court against Gobind Ram Kapoor, Kashmiri Lal Kapoor, Kailash Chander- Kapoor, Satish Chander Kapoor, Ramesh Chander Kapoor and Kamal Kapoor, who are the , appellants in these appeals. The suit Was for declaration to the effect that he was a partner with these persons in a firm known as Messrs, Kapoor and Co. and continued, to be so till date, and for rendition of account's, directing them to render to him the accounts of the firm from the date of the commencement of the partnership not only till the date of the suit, but also during its pendency. In this suit, he also sought an injunction against the defendants, restraining them from interfering with, his participation in the partnership business.
This suit was contested by the defendants inter alia on the grounds; that the partnership being one at will, it was dissolved with effect from 1-4-1973 by serving a notice on the plaintiff in terms of Section 43 of the Partnership Act, and a new firm was constituted by the defendants thereafter with which the plaintiff had no concern; that the suit on the plaintiff's own showing being a suit for rendition of accounts of a subsisting partnership, it was not legally maintainable; and that the plaintiff had hardly invested a sum of Rs. 25,000/ in the partnership business, which too he had withdrawn on the dissolution of the firm.
(3.) ON 5-11-1974, the parties submitted a joint application to the court that their disputes be referred to the agreed arbitrator, namely, Lala Tirath Ram Amla, whose decision shall be binding on them. The learned single Judge, who was trying the suit, accordingly made a reference to the named Arbitrator by his order dated 11-11-1975, which is reproduced as below :
"The parties have made an application praying that the matters in controversy between them in the present suit may be referred to the sole arbitration of Mr. Tirath Ram Amla Ji r/o Opposite Broadway Cinema, Srinagar, who may be directed to give his award within 4 months from the date he enters on the reference. The statements of counsel for the parties were recorded. They verified the application. Accordingly, I hereby direct that the matters in controversy between the parties in the present suit are referred to the sole arbitration of Sh. Tirath Ram Amla Ji. He will give his award within four months from the date he enters on the reference. The case shall be put up for orders as and when necessary.";
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