MAHESH JOSHI Vs. THOTTAPULLY NARAINAN UNNI

JUDGEMENT

(1.) THIS revision is directed against the order dated. 29.4.93 of the 6th Addl. District Judge, Indore passed in M.C.C. 8/92 whereby while deciding Issue No.5 the defendant's (applicant here) objection as to supersession of reference and non -maintainability of the application, has been rejected.

(2.) THE brief facts of the case are that the parties i.e. plaintiff and defendant in the case entered into an agreement of Partnership vide Agreement dated 5.2.79 Paragraph 24 of the Agreement provided for Arbitration in the case of dispute which reads as follows: -

(3.) DEFENDANT -applicant raised various objections. The Issues were framed and a preliminary Issue (Issue No.5) was framed to the effect whether because of setting aside of the Award given by Shri Mahajan in M.C.C. I -B/90thepresent application filed by the plaintiff -NA is not maintainable.