LAWS(KAR)-1994-7-41

P NAGARESWARA SETTY Vs. P PRABHAKAR SETTY

Decided On July 27, 1994
P.NAGARESWARA SETTY Appellant
V/S
P.PRABHAKAR SETTY Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 14-11-1993 passed by the learned civil judge, hospet, on la. No. Iii in a.c. No. 2 of 1992 directing the petitioner to pay or deposit a sum of Rs. 2,88,495/- on the ground that the same is admittedly payable to the respondent.

(2.) THE respondent filed an application in THE court of THE learned civil judge, hospet, under sections 8 and 20 of THE Arbitration Act, 1940 (for short 'THE act') for filing arbitration agreement, to appoint an arbitrator and to make a reference on points of disputes to THE arbitrator so appointed for making an award. The points of dispute on which THE reference has been sought are as follows: 1. WheTHEr THE petitioner does not continue to be THE partner despite expulsion? 2. WheTHEr THE partners are entitled to expel THE partner under law?

(3.) THE petitioners having entered appearance filed THEir objections to THE show cause notice issued from THE court. One of THE objections being that THE application under THE combined Provisions of sections 8 and 20 of THE act is not maintainable in law. The oTHEr objections since are not relevant for this revision are not referred to in this order.