DIVYA JALAN Vs. SOORAJMULL NAGARMULL

JUDGEMENT

(1.) This is an application under Sec. 11 of the Arbitration and Conciliation Act, 1996. The petitioner is a legal representative of Late Mohan Lal Jalan and claims rights on the death of her father-in-law Mr. Bajrang Prasad Jalan (son of Mohan Lal Jalan) and her husband Late Sandip Prasad Jalan.

(2.) Briefly, the disputes between the parties pertain to the partnership business of Soorajmall Nagarmall, the respondent no.1 firm which commenced operations in the early 1900s. On 6/12/1943, a reconstituted partnership deed of the firm was executed by and between the partners. The last notice of change in the constitution of the firm was on 6/7/6/1963 and in terms thereof, the shares of partners were as follows: <IMG>JUDGEMENT_56_LAWS(CAL)12_2025_1.jpg</IMG>

(3.) Upon the death of the Late Mohan Lal Jalan, the petitioner's father-in- law Bajrang Prasad Jalan became entitled to a share in the firm. Bajrang Prasad Jalan died on 14/1/2015. Thereafter, his son Sandip Prasad Jalan husband of the petitioner expired on 15/7/2020. Upon the expiry of Sandip Prasad Jalan, the petitioner as legal representative had by a notice dtd. 8/9/2022, written to the firm and the remaining respondents seeking the annual accounts and the balance sheets of the respondent no.1 firm for the period March 2015 to March 2020. The failure to respond to the notice has given rise to a dispute. This was followed by a legal notice dtd. 9/1/2023 under Sec. 21 of the Act. Hence, this application.