NITIN MADHVANI Vs. NIMISHA MADHVANI

JUDGEMENT

(1.) The petitioner is aggrieved by award dtd. 6/12/2019 passed by the learned arbitrator, whereby the claims of the respondent No.2 (original claimant) have been allowed. The partnership firm in question is dissolved and declaration is given as regards the proportion of share of the parties to the arbitration proceedings.

(2.) The facts leading to filing of the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996, are that a firm, Singara Nilgiri Plantation Company, came into existence in the years 1951-1952. It was started by members of two families i.e. Madhvani family and Suchde family. The business of the firm involved cultivation, manufacturing and processing of tea in the Nilgiri hills. The firm owns an office at Nariman Point, Mumbai.

(3.) In 1971, the father of the petitioner, the respondent No.1 and respondent No.3, died and his share in the firm was allotted in equal proportions to his sons i.e. petitioner and respondent No.3, who were admitted to the benefits of the firm. On 31/3/1976, the members of the Suchde family, who were partners in the said firm, retired from the firm and consequently, the firm was continued by the remaining partners belonging to Madhvani family. The partners were Manubhai Madhvani, Pratap Madhvani, Surendra Madhvani and Mayur Madhvani, all being the uncles of the petitioner. The respondent No.3 (through his mother and natural guardian i.e. respondent No.2) alongwith the petitioner also continued as partners in the firm.