SHASHANK KOCHER Vs. RAJEEV MAHESHWARI

JUDGEMENT

(1.) Several of the petitions and applications that appear are dead or meaningless and even the live matters are of little effect in the light of the previous orders that bind the parties.

(2.) Mohanlal Kocher and Mohanlal Maheshwari started a partnership business by the name of Bharat Industries and Commercial Corporation. Both the original partners are dead and the present fight is between the heirs of such original partners. There is no doubt that the Maheshwaris control the larger chunk of assets of the apparently defunct partnership firm and the Kochers have not been successful in either obtaining reliefs or pursuing the course of action they embarked on by filing Special Suit No.9 of 1995 under Section 20 of the Arbitration Act, 1940. The petition under Section 20 of the Act of 1940, traditionally marked as a special suit in this Court, was allowed by an order of September 5, 2007. The two sets of parties were permitted to nominate their arbitrators and a reference pertaining to the disputes covered by the arbitration agreement governing the last partnership deed was directed. An appeal preferred from the order dated September 5, 1997 was disposed of by an order of March 13, 2012. But before such appellate order of March 13, 2012 is noticed, a previous appellate order of December 23, 2011 must be seen.

(3.) The order of December 23, 2011 was passed in an appeal arising out of an order of May 2, 2011 in CS No.195 of 2010 that was filed by the Maheshwaris. By the order of May 2, 2011, a petition under Section 8 of the Arbitration and Conciliation Act , 1996 was allowed and CS No. 195 of 2010 was virtually disposed of. The principal reliefs sought in CS No. 195 of 2010 were as follows:-