V.G.SANTHOSAM Vs. SHANTHI GNANASEKARAN

JUDGEMENT

(1.) The lis on hand arose in result of the orders passed by the sole Arbitrator on 02.11.2019 in M.A.No.4 of 2019. The sole Arbitrator passed orders, impleading the first respondent Mrs.Shanthi Gnanasekaran to participate in the adjudicative process in Arbitration Claim Nos.1, 3, 2 and 4 of 2019. Challenging the said impleadments, the Civil Miscellaneous Appeals are filed both on factual and on legal grounds.

(2.) THE COMMON FACTS IN BRIEF: The appellants state that the partnership firm M/s.V.G.P. Beach Housing was originally formed on 27.03.1979 by and between late Mr.V.G.Panneerdas, Mr.V.G.Santhosam, Mr.V.G.Selvaraj, Mr.V.G.P.Ravidas and Mr.V.G.P.Rajadas. On 16.12.1982, the partnership firm was reconstituted with the induction of two new partners, namely, Mr.V.G.P.Babudas and Mr.V.G.S.Rajesh and thereby every partner was entitled to 1/7th of the net profits in accordance with the Clause 9 of the Partnership Deed dated 16.12.1982.

(3.) The abovesaid Partnership Deed states that upon the death of one of the partners, the nominees of the deceased partner would be entitled to absolute rights of that partner. Therefore, upon Mr.V.G.Panneerdas's death on 07.05.1988, his nominee (and wife) late Mrs.Parijatham became the sole successor of his share in the profits as in accordance with Clause 13 of the Partnership Deed dated 16.12.1982. However, vide Partnership Deed, dated 07.05.1988, late Mrs.P.Parijatham along with the original six partners of the partnership firm M/s.V.G.P. Beach Housing , reconstituted the partnership firm in accordance with the existing partners along with the induction of two more new members i.e., Mr.V.G.P.Prasaddas and V.G.P.Murphydas , therefore, leaving every partner entitled for 1/9th share in the partnership firm.