2004 (6) TMI 425

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..... ondent. [Order per : S.S. Sekhon, Member (T)]. The Miscellaneous Intervention application to bring the other partner as a co-appellant in this appeal and the appeals are being disposed of by this common order. 2. When the Miscellaneous application was called none appeared for the applicant and is therefore dismissed. 3. The appeal is taken up for disposal. The appeal is against the o .....

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..... ferred to an umpire to be appointed by the Arbitrators whose decision shall be final and binding upon all the parties and every such reference shall be deemed to be an arbitration within the meaning of Indian Arbitration Act for the time being in force. The order directing both partners of the CHA Licence No. 11/694 to take up the dispute to the Arbitrators to be appointed by them as per the Part .....

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..... s regards rendering the licensee inoperative would not only be damaging the business of the partnership concern but also the livelihood of the employees of the CHA licensee without any fault on their part. The order of inoperation is therefore required to be set aside. (b) The Collector s direction to the two partners to go for arbitration as per Clause 13 of the Partnership Deed has to b .....

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