K L VERMA Vs. V K SHARMA

JUDGEMENT

(1.) ADMIT.

(2.) Matter being short, the same has been heard with the consent of the parties and disposed of by this order. This appeal is directed against the order of the learned Trial Court whereby the review application of the respondent was allowed and the judgment dated 20.12.1994 allowing the application of the respondent under Section 20 of the Arbitration Act and directing the appointment of an Arbitrator was set aside. A few facts relevant for deciding this appeal are :-

(3.) It is contended by learned counsel for the appellant that the provisions of Section 69 (3) of the Partnership Act will not bar an application under Section 20 of the Arbitration Act for reference of disputes, which includes dissolution and rendition of accounts, to an arbitrator. It is also contended that the respondent having already taken a stand in the suit filed by the plaintiff/ appellant for dissolution and rendition of accounts that the matter was covered by the arbitration, the respondent could not turn around and say that the application under Section 20 could not be allowed or that the matter could be referred to the Arbitrator. It is submitted that if the stand taken by the respondent is accepted the appellant will be left with no remedy to enforce his claim for dissolution of partnership and rendition of accounts. He has also relied upon a judgment of the Supreme Court in Smt. Prem Lata & Anr. Versus M/s Ishra Dass Chaman Lal & Ors. 1995 1 AD (SC) 247 to contend that Section 69 of the Partnership act does not prohibit the filing of the application under Section 69 of the Act.