The
appellant and the respondent entered into a Deed of Partnership dated 1-1-1979
under which they agreed to carry on business in yarn and as commission agents
in partnership in the firm name and style of M/s. C.H. Shah & Co. The
partnership, however, is not registered. A recital in the Partnership Deed
states that the respondent was tenant of business premises situate at Room No.
29, 152/2 Narayan Dhuru Street, Bombay-400 003. Clause 5 of the Partnership
Deed provides that the partnership business is to be conducted in the said
premises. Clause 29 of the partnership deed provides that any dispute or
question which may arise in connection with the business of the said
partnership or any matter connected with it shall, unless decided by mutual
agreement by the parties, be referred to arbitration of arbitrators, one to be
appointed by each party to the dispute.
Since about July 1981 there were disputes
between the parties. According to the respondent, from 20th July 1981 onwards
the appellant prevented the respondent from entering the said premises. The
respondent thereupon gave a notice of dissolution on 1-1-1981. The respondent
thereafter filed in this Court Arbitration Petition No. 1455 of 1981 under S. 20 of the Arbitration Act. That the arbitration
agreement contained in the Deed of Partnership dated 1st January 1979 be ordered
to be filed in the Court.
By an interim order the
Arbitration Petition, Court Receiver has been appointed interim receiver of the
said property. He has been directed to allow the present appellant to occupy
the premises as an agent of the Court Receiver on such terms and conditions as
he may deem fit. Accordingly the appellant has remained in possession of the
said premises as an agent of the Court Receiver on his paying a sum of Rs.
1200/- per month. The Court Receiver to continue for a period of 6 weeks from
today. On the expiry of the said period, the Court receiver to stand discharged
on payment of his costs charges and expenses hut without passing of accounts.
The amount deposited by the appellant with the Court Receiver to be refunded to
the appellant with accrued interest, if any at the time of discharge.
Post a Comment