LIBERTY SALES SERVICE Vs. SHANTI NATH JAIN

JUDGEMENT

(1.) There is suit No. 885/94 filed by Liberty Sales Service under Section 20 of the Arbitration Act,1940. The Liberty Sales Service filed a suit 264/94 in the lower court. That is withdrawn to this Court .and that is renumbered as suit No. 997/96. There was interim order passed by the lower court and against that order there was an appeal to the Senior Sub Judge in MCA.1129/94 and that appeal was also withdrawn to this Court and that is renumbered as FAO.231/96.

(2.) I shall fCollow the rank of the parties in suit No. 885/94 in this Court. Liberty Sales Service shall be hereinafter called the plaintiff and Jakki Mull & Sons shall be hereinafter referred to as the defendant.

(3.) With reference to a shop No. E-27, Connaught Place, New Delhi there was an agreement between the plaintiff and the defendant on 5.1.1991 in and by which the parties agreed to have share in the business carried on therein by selling of shoes. What is the nature of the agreement and what are the rights that flow from the reement are the points to be decided in this case.