RASHID RAZA Vs. SADAF AKHTAR

JUDGEMENT

(1.) The present case arises out of a partnership dispute in which an FIR dated 17.11.2017 was lodged by one of the partners alleging siphoning of funds and various other business improprieties that were committed. The FIR is at present under investigation.

(2.) An Arbitration Petition dated 02.01.2018 was filed by the appellant before the High Court under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator under the Arbitration clause which is to be found in the partnership deed between the parties which is dated 30.01.2015. The High Court, by the impugned order dated 06.12.2018, has cited our judgment in 'A. Ayyasamy v. A. Paramasivam and Others, 2016 10 SCC 386' and after extracting paragraph 26 from the said judgment has held:

(3.) Consequently, while purportedly following this judgment, the Section 11 application was dismissed.