HARMINDER SINGH SURI Vs. AMRIK SINGH SURI

JUDGEMENT

(1.) The subject matter of challenge in these petitions under Section 34 of the Arbitration & Conciliation Act, 1996 ("Act"), is an Award dated 25th November, 2012, passed by the sole Arbitrator in the disputes between the parties.

(2.) The challenge in OMP No.217/2013 is by Mr. Harminder Singh Suri (hereafter 'HS'), who is aggrieved by the Award to the extent it has allowed the claim petition of his brother Mr. Amrik Singh Suri (hereafter 'AS') and directed that HS pay AS his dues in the dissolved partnership within two months from the date of the Award failing which the outstanding dues shall carry simple interest @ 12 % from the date of the Award. AS has filed the companion O.M.P. No. 219 of 2013 to the extent that the impugned Award has denied him pendente lite interest on the awarded sum. Background facts

(3.) As already noted HS and AS are brothers. They constituted a partnership firm in the name of M/s. Suri Transmission Gear Company ('the firm') by a partnership deed dated 1st April, 1981, which contained an arbitration clause. While HS operated from New Delhi, AS operated from Mumbai. In his statement of the claim filed before the learned Arbitrator in April 2004, AS stated that the firm was carrying on the business of sale and purchase of spare parts, crank shaft, machinery such as forging die blocks at the following addresses: 335, Gurunanak Auto Market, Kashmiri Gate, Delhi; C-279, Mayapuri, Phase-II, New Delhi; B-2/60, Janakpuri and B-2/1, Janakpuri, New Delhi. It was stated that the premises at 335, Gurunanak Auto Market was a rented in the name of AS. The Mayapuri premises was purchased by the firm in March 1998 for a sum of Rs.7.50 lakh. It was claimed that the Deed of Partnership was still in operation and the partnership had not been dissolved. An account of the firm was opened with the State Bank of India, Janakpuri, Delhi and Union Bank of India at Kashmiri Gate, Delhi. It has been agreed that the partnership would be at Will and proper books of accounts would be maintained and kept in the business premises with the right of any party to have access thereto and inspect the accounts. The profits and losses of the firm were to be shared in equal proportions.