HARINDER SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) This revision petition is against the order of the Additional District Jule, Amritsar, whereby the judgment and decree of the trial court dated 9.6.1989 was set aside and the dispute was referred under section 20 of the Arbitration Act.

(2.) Swaran Singh filed a petition under Section 20 of the Arbitration Act against his brother Harminder Singh and Indian Explosives Ltd. As per averments in the petition, it was alleged that both the brothers were carrying on business in partnership with their father Wazir Singh under the name and style of Wazir Singh Surjit Singh & Co. This firm was the distributor of respondent No. 2 in respect of their products i.e. chemicals, rubber chemicals and all other products of the chemical division. Wazir Singh died on 10.1.1978. Wazir Singh executed a Will in favour of both the brothers and so the property relating to his share came to be possessed by both the brothers equally and this way both of them became equal partners in the distributorship. It is further case of the petitioner that his firm was converted into a Private Limited Company and this way respondent No. 1 to become a shareholder and as such was managing and conducting the business of the company. It is further case of the petitioner that respondent No. 1 Harminder Singh floated a separate concern under the name and style of M/s Wazir Singh Harminder Singh and so started getting goods from respondent No. 2. This way be started placing orders only for nominal goods in the name of the United Company. With a view to seek redressal of his grievance, the petitioner approached respondent No. 2 as respondent No. 1 was appointed as a sole distributor for rubber chemicals. The Chief Executive of respondent No. 2 gave him a patient hearing and assured him that they would consider the matter sympathetically. It is further alleged that sometime thereafter respondent No. began declaring him a full-fledged owner of M/s Wazir Singh Pvt. Ltd.

(3.) Since the differences have arisen between the parties, the petitioner prayed that agreement be filed in the Court and the matter be got decided through the arbitration of Mr. Justice H.R. Khanna.