KESHAB RANJAN SEN Vs. COAL INSPECTION SERVICE

JUDGEMENT

(1.) This revision petition has been filed by the above named petitioner who was opposite party in Miscellaneous Case No. 26 of 1994 against the order dated 6.5.1996 passed by the Principal Subordinate Judge, Dhanbad, whereby and whereunder, the miscellaneous case registered on an application under Section 33 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') filed by the opposite party was held to be maintainable.

(2.) The fact of the case are required to be reiterated for appreciating the points involved in this revision petition.

(3.) The petitioner and the opposite party were partners of a registered partnership firm along with three other partners, namely, T. Gupta, T. Roy and D.K. Ghosh. When certain dispute arose between the partners relating to retirement of the petitioner from the said firm, then by mutual consent of all the partners, the dispute was referred to the joint arbitrators, namely, K.S. Murthy and R.N. Rudra, who published their award on 18.5.1992 along with other terms and conditions. The petitioner was directed to be paid a sum of rupees twelve lacs in full and final of his dues, good will, rights, shares, assets in the firm as on 31.3.1992. For his retiring from the and in addition to the said payment, the petitioner was further held to be entitled to be paid Rs. 5, 000/-(Rupees five thousand) every month payable by 10th of each month for the period April, 1992, on wards by way of interest due to the payments being made to him on instalment till the date of final settlement of the petitioner's dues. The said award of the joint arbitrators was made a rule of the Court by terms of the order dated 16.12.1993 by the Principal Subordinate Judge, Dhanbad, in Title (Arbitration) Suit No. 156 of 1992. It should be mentioned here that before making the award a rule of the Court, objections were raised and filed under Section 30 of the Act. The dispute was mainly with respect to incorporation of trade restraint clause in the award as according to the opposite party, such was the decision arrived at by the joint arbitrators at the time of arbitration proceeding. The learned Subordinate Judge issued notice in respect to the arbitrators and in reply the arbitrators had mentioned by a letter addressed to the Court to the effect that the such restraint clause was a matter in issue before the arbitrators and the same was also agreed upon between the parties. On the basis of that, the award of the arbitrators was made a rule of the Court by incorporating the restraint clause in the decree itself. The restraint clause runs as follow:- Srikeshab Ranjan Sen will not start at Dhanbad or any place where M/s. Eskaps/Coal Inspection Service in carrying on business in like nature directly or indirectly. Sri Keshab Ranjan Sen will not interfere with any manner the business of M/s. Coal Inspection Service and its allied concerned i.e. Coalfield Agencies of M/s. Eskaps (India) Private Limited for a period of two years from the date of Award.