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M/S V.H. Patel & Company & Ors vs Hirubhai Himabhai Patel & Ors on 18 April, 2000 cites

Union Of India vs Mohindra Supply Company on 5 September, 1961

In that view of the matter it is submitted that the parties could not have intended to have referred a claim for dissolution of the partnership under the inherent powers of the court and an intention to act consistently within the law and practice relating to arbitration should be attributed to the parties when they entered into the consent order before this Court. Shri R.F. Nariman and Shri V.A. Mohta, the leaned senior advocates for the respondents, submitted that an appeal to the Division Bench of the High Court would lie from the judgment of the learned Single Judge and a special leave petition should not be entertained by us. In answer to this contention the learned counsel for petitioners pointed out that under the Indian Arbitration Act, 1940 an appeal from a judgment remitting the award to the arbitrator for reconsideration does not lie and it is only in respect of appeals to which specific reference is made in Section 39 an appeal would lie. Shri Mohta, however, placed reliance on the decisions of this Court in Iftikhar Ahmed & Ors. v. Syed Meharban Ali & Ors.,1974 (2) SCC 151, Union of India v. Mohindra Supply Company, 1962 (3) SCR 497, and State of West Bengal v. M/s Gourangalal Chatterjee, 1993 (3) SCC 1.
Supreme Court of India Cites 19 - Cited by 178 - J C Shah - Full Document

Indian Oil Corporation Ltd vs Amritsar Gas Service And Ors on 19 November, 1990

The learned counsel for the petitioners Shri T.R. Andhyarujina and Shri Vinod A Bobde, the learned senior advocates, submitted that the principal question is whether the arbitrator was competent to entertain the counter claim filed by respondent No. 1 for dissolution of the firm M/s V.H. Patel & Company and falls within the scope of the terms of reference made by this Court on February 15, 1991; that the counter claim made by the respondent for dissolution of the firm was not within the terms of reference either expressly or impliedly and the parties did not refer the disputes relating to the firm to the arbitrator; that on the contrary, para 2 of the Consent Terms, which is extracted above, referred to the arbitrator specific disputes relating to the rights and obligations of the parties, (i) arising out of the agreement dated July 3, 1987, (ii) retirement deed dated August 1, 1987, (iii) to the user of the trade marks in question, and (iv) to the determination of the rights of respondent No. 1 as a partner of the firm as per the pleadings of the parties in the pending suits; that the pleadings of the parties in the suits did not include any claim by any partner for dissolution of the firm M/s V.H. Patel & Company; that there is no scope for raising a new plea by way of an amendment as to dissolution of the firm; and, that the arbitrator is bound strictly by the terms of the arbitration and cannot travel beyond it. In this regard, reliance is placed on the decision of this Court in Orissa Mining Corporation Ltd. v. M/s Prannath Vishwanath Rawlley, AIR 1977 SC 2014. Much stress is also laid on the fact that the parties have not referred all disputes between them or relating to or arising under the partnership for reference to the arbitrator so as to bring within it any future disputes which could arise between the parties. Therefore, it is submitted that the view of the High Court that "it is open to the respondent to claim a decree for dissolution of the firm in exercise of his rights as a partner of the firm which he could have made by amending his pleadings in the civil suit which was capable of being made" is incorrect. It is pointed out that reliance placed on the decision in Indian Oil Corporation Ltd. v. Amritsar Gas Service and Ors, 1991 (1) SCC 533, is wrong. It is submitted that in that case there was scope for fresh pleading as the reference to arbitrator was made by the court in an appeal arising out of refusal to stay the suit under Section 34 of the Arbitration Act and the reference was made of all the disputes between the parties in the suit and, therefore, the occasion to make a counter claim in the written statement could arise only after the order of reference. Another ground is raised in support of this contention that the terms of partnership do not contemplate dissolution of the firm "at will" but by "mutual agreement".
Supreme Court of India Cites 7 - Cited by 319 - J S Verma - Full Document

Iftikhar Ahmed And Others vs Syed Meharban Ali And Others on 26 February, 1974

In that view of the matter it is submitted that the parties could not have intended to have referred a claim for dissolution of the partnership under the inherent powers of the court and an intention to act consistently within the law and practice relating to arbitration should be attributed to the parties when they entered into the consent order before this Court. Shri R.F. Nariman and Shri V.A. Mohta, the leaned senior advocates for the respondents, submitted that an appeal to the Division Bench of the High Court would lie from the judgment of the learned Single Judge and a special leave petition should not be entertained by us. In answer to this contention the learned counsel for petitioners pointed out that under the Indian Arbitration Act, 1940 an appeal from a judgment remitting the award to the arbitrator for reconsideration does not lie and it is only in respect of appeals to which specific reference is made in Section 39 an appeal would lie. Shri Mohta, however, placed reliance on the decisions of this Court in Iftikhar Ahmed & Ors. v. Syed Meharban Ali & Ors.,1974 (2) SCC 151, Union of India v. Mohindra Supply Company, 1962 (3) SCR 497, and State of West Bengal v. M/s Gourangalal Chatterjee, 1993 (3) SCC 1.
Supreme Court of India Cites 6 - Cited by 43 - K K Mathew - Full Document
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