ASHWANI KUMAR WADHWA Vs. ADARSHWADHWA

JUDGEMENT

(1.) Petitioner, Shri A.K.Wadhwa, entered into a partnershipwith respondent Smt. Adarsh Wadhwa to carry on the business of sale, purchase anddistribution of drugs, etc. under the name and style of M/s. Adarsh Distributorsw.e.f. 8/04/1985. The said partnership came to an end on 31/03/1988 andDissolution Deed was executed on the same date between the parties. It was theterms of the Dissolution Deed dated 31st March, 1988 that in case of any disputebetween the parties the matter was to be adjudicated upon by Sh. S.K. Wadhwa, SoleArbitrator. It was also term of the Dissolution Deed that accounts of the partnershipfirm were to be settled subject to confirmation of the accounts balances by thedebtors and creditors of the partnership firm. Physical verification of the stock, allthe claims from the suppliers like damages, commissions, debit/credit notes,disputed claims, etc. settled and confirmed and the Arbitrator was to find outdamages suffered by the firm due to negligence in the accounts of the Company

(2.) That it is the grievance of the petitioner that inspite of legal notice served onthe respondent she has not settled the accounts instead she has taken a categoricalstand that nothing is due to the petitioner and it is the petitioner who is infact to paysum of Rs-44,216.39 paise plus scooter and telephone. She is also not joining to referthe disputed matter to the Sole Arbitrator mentioned in the agreement. Hence thepetition.

(3.) The respondent in her reply took the stand that it is the petitioner who wasliable to make the payment to the respondent to the tune of Rs. 44,216.39 paise andhe was liable to return the scooter and telephone. She denied that there was anydispute regarding rendition of accounts or that any amount is to be paid by therespondent to the petitioner.