RATTAN LAL Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The appellants are aggrived by the impugned order dated 21/8/1990 paased by the learned Single Judge dismissing their application filed under section 32 of the Arbitration Act, 1940 in the suit filed by the respondents for dissolution of the partnership firm, M/s. National Refrigeration Works and for rendition of accounts.

(2.) There is prior history of disputes between the parties relating to the said partnership firm of M/s. National Refrigeration Woks, the parties are closely related as appellant no.1 and respondent no.1 are brothers while appellants 2 and 3 are the sons of appellant no.1 and respondent no.2 is the son of respondent no.1. The partnership is stated to have been constituted vide partnership, deed dated 26/6/1975 but disputes arose between the partners in the year 1978 resultiny in a document dated 18/4/1978 described as Power of Attorney but in terms whereof by mutual consent the disputes were referred for adjudication to the arbitration of Sh. Arjan Singh and Sh.Umrao Singh.

(3.) The factual matrix has been set out by the learned Single Judge in thy impugned order. An interim award was given on 18/4/1978 followed by further awards on 19/4/1978 20/4/1978. The lis between the parties arises because of two rival contentions the appellants, contend that the said towards were acted upon and no disputes survived while on the other hand the respondents contend that the appellants did not implement the awards and certain disputes still remained undecided.