Court : Guwahati
Decided on : Jul-22-2002
..... which will result in further quarrel and squabble amongst them. we have considered this aspect of the matter. it would appear that section 48 of the indian partnership act, 1932 takes care of the aftermath situation. appropriation of the assets after discharge of liabilities has to be pro-rota division of the residue only. ..... upon a passage of pollock & mulla, quoted earlier, that passage is only confined to the inherent powers of the court as to whether dissolution of partnership is just and equitable, but we have demonstrated in the course of our order that it is permissible for the court to refer to arbitration, ..... an appropriate case where, because of existing disputes almost in all counts, the business of the firm could not be carried out in terms of the partnership deed, an award for dissolution thereof cannot be said to be beyond the powers of the arbitrators. in the instant case, the parties were in ..... objection of the appellant.2. the arbitration proceedings was initiated on an application filed under section 8 of the arbitration act, 1940 on behalf of m/s kalsi bhabra construction company, a partnership firm having its principal seat of business at guwahati through its partner, sri kewal singh kalsi. a number of ..... months from the date of entering the reference.3. the arbitration agreement is incorporated in para 18 of the deed of partnership. para 18 reads as follows : '18. that if any dispute shall arise between the parties in respect of the conduct of the business of .....Tag this Judgment!