SUNDARLAL HAVELIWALA Vs. BHAGWATI DEVI

JUDGEMENT

(1.) THIS is an appeal by Sunder Lal Haveliwala against the order dated 26-9-1964 of the Civil Judge of Dehradun, allowing the application of Smt. Bhagwati Devi and Madho Lal Haveliwala, plaintiffs, for appointment of a Receiver and appointing two senior Advocates of Dehra Dun, namely, Sri Chaman Lal Singal and Sri B.B. Saran, as Receivers of Sri Janki Sugar Mills and Co., Doiwala.

(2.) THE material facts of the case are that on October 25, 1952, seth Sunder Lal, appellant, seth Madan Lal, husband of Smt. Bhagwati Devi and father of Madho Lal, and Seth Sarju Prasad entered into partnership to run the above sugar Mills at Doiwala. THE three partners were brothers and the share of each was one-third. THE partnership agreement executed by the three partners is on the record and Clause 9 thereof provided. "That in case of any dispute amongst the partners the matter shall be referred to an arbitration and the award of the arbitrator or the arbitrators as the case may be shall he final and binding on the partners.

(3.) DISPUTES appear to have arisen during the life time of Seth Madan La], but the present application under Section 20 of the Arbitration Act (to be hereinafter called as the Act) was, however, moved by his legal representatives, namely, Smt. Bhagwati Devi and Madho Lal, about two months after his death.