RAJEEV MAHESHWARI Vs. INDU KOCHAR

JUDGEMENT

(1.) By way of this application the petitioners seek to restrain the respondents from proceeding with the arbitration initiated by the respondents against the petitioners which is pending before the Arbitral Tribunal. Both the petitioners and respondents agree that the result of this application will depend on a true and proper construction of three orders passed by this Court on December 23, 2011, March 13, 2012 and October 11, 2012. Before coming to the said orders, it will be necessary to note the factual matrix of the case in brief.

(2.) One Mohon Lal Maheshwari and one Mohan Lal Kochar carried on business in co-partnership under the name and style of Bharat Industries and Commercial Corporation (in short 'BICC'), in terms of a partnership deed dated 23rd December, 1972.

(3.) Mohan Lal Maheshwari died in 1984 and as a result the partnership stood dissolved ipso facto.