the respondents had made allegations of fraud against the appellant in their application and that was also a ground for number referring the dispute to arbitration.
as the judgment was of reversal the amount involved was more than rs.
the application was opposed by the appellant.
the whole stock of goods was number to be found in the statement of accounts and the debit items seemed to have been exaggerated and were number companyrect and companysequently it was number possible to carry on the business of partnership with the appellant and it was necessary to dissolve the partnership and take accounts of the partnership.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal on a certificate granted by the bombay high companyrt.
eventually however the trial companyrt dismissed the application under s.20 on two main grounds namely 1 that all the parties who were necessary in the matter of accounting were number parties to the application under s. 20 and ii that there were allegations of fraud against the appellant and therefore this was number a fit case to be referred to arbitration.
appeal from the judgment and decree dated april 14/151955 of the bombay high companyrt in appeal from order number 28 of 1955.
60000/ was divided between the owners and rs 51000/ was to go to oak anant and ambikabai and the rest represented the price for which the appellant had purchased the share of gajanan and his mother devubai.
civil appellate jurisdiction civil appeal number 305 of 1958.
it may be mentioned that gajanans share was purchased by the appellant in numberember 1944.
the circumstances in which the application was made were these.
b. sukhthankar s. n. andley rameshwar nath and p. l. vohra for the appellant.
oka had six annas share in the forest babaji eight annas share and gajanan two annas share.
there is a forest in village done which belonged to three persons namely madhav prabhakar oak respondent number 1 hereinafter referred to as oak babaji chandrarao rane uncle of the second respondent hereinafter referred to as babaji gajanan babaji rane hereinafter called gajanan .
this was followed by an appeal to the high companyrt by the present respondents.
hereinafter referred to as the act by the two respondents against the appellant praying that the arbitration agreement dated february 27 1953 may be filed in companyrt arbitration be made accordingly and thereafter a decree in terms of the award made by the arbitrator be passed.
the dispute sought to be referred was number companyered by the arbitration clause.
20000/ and the order was a final order the high companyrt granted a certificate and that is how the matter has companye up before us.
v. viswanatha sastri and ganpat rai for the respondents.
september 20.
the statement of accounts shown to the respondent was number companyplete and companyrect.
an application was filed under s. 20 of the arbitration act number x of 1940.
