MOHAN LAL KUKREJA Vs. SUNDER KUKREJA

JUDGEMENT

(1.) THIS appeal under Section 39 of the Arbitration Act, 1940 arises out of an order passed by the learned Single Judge of this Court in a petition under section 20 of the said Act whereby disputes between the parties have been referred for adjudication to the sole Arbitration of Justice D. S. Tewatia, retired chief Justice of Punjab and Haryana High Court. The factual backdrop in which the said reference came to be made may be summarized as under:

(2.) THE parties are real brothers who were carrying on business in partnership with each other in the name and style of M/s D. R. Kukreja and company. Their mutual rights and obligations were governed by partnership deeds, last of which was executed on 10. 7. 1984. In terms of clause 11 of the said deed, disputes arising between the parties had to be resolved by way of arbitration before a sole arbitrator to be nominated by the parties. That Clause reads:

(3.) ACCORDING to the appellant, the partnership aforementioned was dissolved by the parties with mutual consent in terms of the retirement deed dated 16. 8. 1990 executed by the respondents. The relevant portion of the said deed of retirement may also be extracted at this stage for facility of evidence: