MOHAMMED HASHIM Vs. AMEERUDDIN

JUDGEMENT

(1.) THIS is a petition under Section 11. of the Arbitration and Conciliation Act, 1996 (for short, 'the Act' ).

(2.) PETITIONER and the respondent are brothers and partners of a partnership firm in terms of a partnership Deed dated 1-4-1986 (copy at Annexure-A), The partnership deed contains clause for referring the disputes and questions in connection with the partnership or under the Deed as between the partners or their legal representatives etc. , to be referred for arbitration etc. .

(3.) CLAUSE 15 of the Partnership Deed reads as under: 15. All disputes and questions in connection with the partnership or this Deed arising between the partners or between any of them and the legal representatives of the other or between their respective legal representatives and whether during the continuation of the partnership or after the determination thereof shall be referred to arbitration of two Arbitrators, one to be appointed by each partner and in case of their disagreement to an UMPIRE appointed by the said arbitrators or in case of their default by the partners.