UTTAM PROCESSORS AND OTHERS Vs. RAM LAL

JUDGEMENT

(1.) Respondents before the arbitral proceedings have come up with the present revision challenging the auction of the construction materials allowed by the Arbitrator as prayed for by the claimant and dismissal of the prayer made by the respondents in the arbitral proceedings to auction the building along with the plot.

(2.) The partnership firm, namely, M/s Uttam Processors, was dissolved on 7.1.2005. A reference had been made to the Arbitrator for distribution of the partnership assets among the claimant Ram Lal who has 50 per cent of share and respondents Parveen Kumar and Raj Kumar who have got 25 per cent of share each.

(3.) Claimant Ram Lal had contended that on dissolution of the partnership firm, the plot over which the construction was raised by the partnership firm reverted back to him. Therefore, the materials used for construction alone were to be sold by the Local Commissioner and the sale proceeds deposited in the bank for distribution to the partners as per their respective share. Respondents in the arbitration proceedings/revision petitioners herein resisted the said application on the ground that the plot and the building were owned by the partnership firm and therefore, both should be sold as one unit to attract maximum price. They also contended in their separate applications filed for auctioning the building along with the site that the Local Commissioner had wrongly sold one Tata truck found owned by the respondents in the arbitral proceedings.