SUNDARLAL HAVELIWALA Vs. BHAGWATI DEVI
LAWS(ALL)-1965-9-17
HIGH COURT OF ALLAHABAD
Decided on September 07,1965

SUNDARLAL HAVELIWALA Appellant
VERSUS
BHAGWATI DEVI Respondents


Referred Judgements :-

BUDHU LAL V. JAGAN NATH [REFERRED TO]
BALIKA DEVI VS. KEDAR NATH PURI [REFERRED TO]
NAGARCHAND GOENKA VS. SURENDRA NATH SARKAR [REFERRED TO]



Cited Judgements :-

SHREE GOMATHY SHANKAR TRANSPORTS VS. STATE OF KARNATAKA [LAWS(MAD)-2010-4-114] [REFERRED TO]
MADHUKANTABEN NAGINDAS SHETH VS. ARVINDLAL KANTILAL AND CO [LAWS(GJH)-1984-6-4] [REFERRED]
CHANDRA MOHAN VS. MANJU DEVI [LAWS(CAL)-1993-1-38] [REFERRED TO]
RASHMOY DAS VS. RANJIT KUMAR DAS [LAWS(CAL)-2005-4-70] [REFERRED TO]
SATYA PRAKASH KANOIDA VS. IIND CIVIL JUDGE AND ORS. [LAWS(ALL)-1986-2-64] [REFERRED TO]
STATE OF WEST BENGAL AND ORS VS. ANIL KUMAR BHUIYA [LAWS(CAL)-1982-4-50] [REFERRED TO]
SAT PAL ANAND VS. R K AHUJA [LAWS(P&H)-1972-8-11] [REFERRED TO]


JUDGEMENT

Mathur, J. - (1.)THIS is an appeal by Sunder Lal Haveliwala against the order dated 26-9-1964 of the Civil Judge of Dehradun, allowing the application of Smt. Bhagwati Devi and Madho Lal Haveliwala, plaintiffs, for appointment of a Receiver and appointing two senior Advocates of Dehra Dun, namely, Sri Chaman Lal Singal and Sri B.B. Saran, as Receivers of Sri Janki Sugar Mills and Co., Doiwala.
(2.)THE material facts of the case are that on October 25, 1952, seth Sunder Lal, appellant, seth Madan Lal, husband of Smt. Bhagwati Devi and father of Madho Lal, and Seth Sarju Prasad entered into partnership to run the above sugar Mills at Doiwala. THE three partners were brothers and the share of each was one-third. THE partnership agreement executed by the three partners is on the record and Clause 9 thereof provided. "That in case of any dispute amongst the partners the matter shall be referred to an arbitration and the award of the arbitrator or the arbitrators as the case may be shall he final and binding on the partners.
Seth Madan Lal died on April 24, 1964, and the partnership automatically stood dissolved. There was no fresh partnership; but since after the death of seth Madan Lal, the other two brothers continued to run the Sugar Mills at Doiwala except for a short period when under the interim order of the High Court Seth Sarju Prasad and Madho Lal were allowed to run the Sugar Mills. This interim order was passed after the operation of the order of the Civil Judge under appeal was stayed and the Receivers appointed by him could not function as such Madho Lal had a cause of grievance and moved the High Court for vacating the above interim order and it was then that the F. A. F. O. was, with the consent of the parties listed for hearing in place of interim matters being decided and the F. A. F. O. taken up in due course for hearing.

(3.)DISPUTES appear to have arisen during the life time of Seth Madan La], but the present application under Section 20 of the Arbitration Act (to be hereinafter called as the Act) was, however, moved by his legal representatives, namely, Smt. Bhagwati Devi and Madho Lal, about two months after his death.
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