MANISH MITTAL Vs. MAHESH CHAND

JUDGEMENT

(1.) This order will dispose of both the above arbitration cases as they are inter-connected, are between the same parties and are in relation to the same contract.

(2.) Petitioner Manish Mittal had entered into a Partnership Deed dated 15th July, 1994 with Dr. Mahesh Chand. The partnership business was carrying on under name and style of M/s. Bio Polymer Systems for manufacture of micro porus tape. Under Clause 19 of the Partnership Deed the disputes between the parties were liable to be referred to the arbitration. Clause 19 reads as under:

(3.) Dr. Mahesh Ch and filed a petition in the Court of Distt. Judge, Delhi under Section 8 read with Section 11 of the Arbitration & Conciliation Act, (hereinafter referred to as 'the Act') for referring the claims as stated in that petition to arbitration, in accordance with the above clause. The respondent (petitioner herein) filed a reply to the said petition and raised certain counter-claims, however, without quantifying the extent of the claims in terms of money. The learned Distt. Judge by his order dated 14th November, 2002 allowed the said petition and referred the claim and counter-claims to the sole arbitrator for adjudication in accordance with law. The relevant part of the said order reads as under: