SHAIK BASHEER AHMED Vs. SHAIK YAKOB AHMED

JUDGEMENT

(1.) The general impression is that Arbitration is a speedier and more effective remedy, when compared to the adjudication by Courts. This case provides an example to demonstrate that the statement is partly true.

(2.) One Sri Shaik Mohammed was carrying on business of skin tanning a Leather Exports at Warangal. He constituted a partnership firm in the year 1972, with himself and his four sons, as partners. Two years thereafter, another firm by name Shaikoo, was constituted with a slightly different composition of the same family. Shaik Mohammed died on 1-4-1981. The firms were reconstituted by holding his widow, in the first firm. The business was expanded and extended to Madras also.

(3.) Disputes arose among the partners of the two firms. One Sri Abdul Khader, the 2nd respondent herein, was appointed as an Arbitrator. He passed an award dated 5-9-1995. Petitioners herein filed O.S. No.258 of 1995 in the Court of I Additional Senior Civil Judge, Warangal, under Section 17 of the Arbitration Act, 1940, (for short 'the Act') for making the award as the rule of the Court. The 1st respondent filed O.P.No.209 of 1995 under Section 30 of the Act, to set aside the award.