HARMILA N. KOYA Vs. NARHARI PRASAD K. KOYA

JUDGEMENT

(1.) The Court : The petitioner claiming to be a partner of the partnership firm, namely, M/s. Indian Coal Agency (hereinafter referred to as "the firm") has filed this application under Section 9 of the Arbitration & Conciliation Act , 1996 seeking for various interim relief against the respondent, the only other partner of the firm. The respondent is the elder brother of the petitioner's husband, since deceased.

(2.) It is the case of the petitioner that in terms of a deed of partnership dated April 01, 2011 (hereinafter referred to as "the said partnership deed") the parties herein started the business of firm of liaisoning and supervising dispatch of coal from collieries to various purchasers. Clause 5 of the said partnership deed stipulated that the firm is a "at will". The profit sharing ratio of the petitioner and the respondent in the business of the firm is 30% and 70%, respectively. Clause 24 of the partnership deed contemplated that all disputes and differences arising between the parties herein relating to the firm shall be adjudicated through arbitration.

(3.) According to the petitioner, she had all along been a domestic housewife and she entered into the said partnership deed on the basis of her trust, faith and confidence reposed in the respondent being her brother-in-law. Due to her little knowledge in commerce she never participated in the affairs of the business of the firm and it was the respondent who had all along been taking all decisions with regard to the affairs and business of the firm. Since she was not involved in the decision making process of the firm it was the respondent who all along maintained the books of accounts of the firm and the accounts of the firm was prepared and finalised under his supervision. In view of her trust, faith and confidence reposed in the respondent the petitioner had been appending her signatures on all documents as had been requested by the respondent on the belief and understanding that the respondent had been taking all decisions for the benefit of the firm and both of its partners.