RAHUL VERMA Vs. RAMPAT LAL VERMA

JUDGEMENT

(1.) This petition arises from the judgment and order passed by the Gauhati High Court in Case No. Arb. A./6/2024 dtd. 22/10/2024 whereby the High Court allowed the appeal filed by the respondents herein under Sec. 37(1)(a) of the Arbitration and Conciliation Act, 1996 (for short, "Act of 1996") and thereby quashed and set aside the order dtd. 9/8/2024 passed by the Civil Judge (Sr. Div.), Dibrugarh in Misc. (J) Case No. 206/2024 arising out of Commercial Suit No. 02/2024 ("impugned judgment").

(2.) We heard Ms. Shagufa Salim, learned counsel appearing for the petitioners and Mr. Pavan Kumar Chaturvedi, learned counsel appearing for the respondents.

(3.) This litigation originates from a dispute between a partner of a partnership firm consisting the legal heirs of another deceased partner. The partnership firm consisted of three partners. It so happened that two of them passed away on 24/12/2022 and 21/11/2023, respectively. It appears from the materials on record that the respondents herein (original defendants in Commercial Suit No. 02/2024) preferred a petition under Sec. 8 of the Act of 1996 as Misc. (J) Case No. 206/2024 in Commercial Suit No. 02/2024 before the Commercial Court, at Dibrugarh for dismissal of the suit and a reference to arbitration. The petition was filed on the basis of an arbitration clause in the partnership deed. The said petition was dismissed by the Civil Judge.