MAHESH KUMAR Vs. PRABHAT KUMAR SINGH

JUDGEMENT

(1.) The petitioners and respondent no.1 are stated to have entered into a partnership deed dated 15.01.1998 containing an arbitration clause. Respondent no.2 is the wife of respondent no.1. The partnership is stated to have developed property no. G-1/5, Model Town, Delhi and two sale deeds were executed by petitioner no.1 and respondent no.1 in favour of respondent no.2.

(2.) The petitioners filed a suit for dissolution of respondent no.3 firm and for rendition of accounts as also for a decree of cancellation of the two sale deeds on the ground that they are tainted with fraud and collusion between respondents no.1 and 2 and are without consideration. The possession was also sought of the suit property.

(3.) The respondents filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') alleging that in view of the arbitration clause contained in the partnership deed the disputes were liable to be referred to arbitration. The said application was allowed by the impugned order dated 31.03.2004 of Sh. V.K.Jain, Additional district Judge. The petitioners aggrieved by the same have filed the present petition under Article 227 of the Constitution of India.