SHUKARAN DEVI Vs. OM PRAKASH JAIN

JUDGEMENT

(1.) This order shall decide the application of the defendant No.1 under Section 8 of the Arbitration and Conciliation Act, 1996 to stay the proceedings of the suit for dissolution of partnership firm and rendition of accounts, payment of damages/mesne profits and to direct the plaintiff to refer the disputes to arbitration in terms of the arbitration agreement between the parties.

(2.) Brief facts to comprehend the disputes between the parties are that plaintiff is the daughter-in-law of Late Sh.Bodhraj Shah Jain who had died in 1948 and survived by four sons namely Sh.Washeshar Nath Jain, Sh.Om Prakash Jain, Sh.Roshan Lal Jain and Sh.Tilak Chand Jain, husband of the plaintiff.

(3.) A partnership was started under the name and style of M/s. Roop General Store in shop No.25, M.M."Market, Janpath, New Delhi. The partnership firm was the tenant/lessee of the said premises. This partnership which was formed in 1954 between the four sons of Late Sh.Bodhraj Shah Jain continued in the name and style of M/s.Roop General Store and after sometime Sh.Washeshar Nath Jain retired and remaining three sons of Late Sh.Bodhraj Shah Jain namely Sh.Om Prakash Jain, Sh.Roshan Lal Jain and Sh.Tilak Chand Jain continued the partnership as per partnership deed dated 1.1.1968.