CHINNA RAMANATHAN NAIDU Vs. SUBBARAMI REDDY

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the order and decretal order dated 1.3.1993 in I.A. No. 125 of 1992 in O.S. No. 4 of 1992 on the file of the court of the Subordinate Judge, Srikalahasti.

(2.) RESPONDENT filed O.S. No. 4/92 seeking a declaration that the partnership firm "Sri Ramasudha Oil Mills" at Panagal, Srikalahasti has been dissolved with effect from 20.12.1991 and for taking of the accounts of the firm; alternatively a direction is sought dissolving the said firm the date to be fixed by the court and for taking of the accounts of the said firm. The respondent plaintiff also sought a direction appointing him as the Receiver of the firm during dissolution till the winding up of the business is complete. The appellant who is the defendant in the suit, filed a written statement contesting on various counts, including maintainability of the suit.

(3.) RESPONDENT-plaintiff filed a counter to the I.A. admitting the fact of the partnership being at and also the fact of a Clause being contemplated in the partnership deed for referring to the arbitrator any dispute touching the affairs of partnership. It was, however, contended in the counter that the arbitrator so appointed by the respondent-plaintiff has colluded with the appellant-defendant, which act would work against the interest of the respondent-plaintiff; that though notice dated 20.12.1991 was issued by the respondent-plaintiff indicating dissolution of the firm with effect from that date, the appellant-defendant question the authority of the respondent-plaintiff in seeking dissolution of the firm, through reply letter dated 27.12.1991 and that, therefore, the respondent-plaintiff was forced to approach the Civil Court by filing the suit.