(1.) THE defendant in a suit on the file of this Court, appeals a final decree made by the learned Single Judge, on 14.01.2016. The appellant urges in essence that the partition suit - which was decreed finally - was not maintainable, by reason of pending arbitration proceedings. The appeal is thus premised on Sec. 5 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act").
(2.) THE plaintiff and defendant entered into a partnership agreement for carrying out business under the style of "Nu -Nischal's Klick Selection" from property No. 15A/26, (basement), WEA, Karol Bagh, New Delhi (hereafter "suit property"). The suit property is owned and possessed jointly by the plaintiff and the defendant. In the partnership, however, the plaintiff has 50% share while defendant has 25% share. The balance 25% share is with Sahib Singh, s/o Late Amarjeet Singh, the plaintiff's brother. The partners of the firm thus are closely related. The firm apparently did not succeed and the partners mutually settled to work separately from December 2007. Both started carrying their businesses independently. The plaintiff independently started his business from the ground floor 15A/16, WEA, Ajmal Khan Road Karol Bagh, New Delhi. The disputes between parties was referred to the sole Arbitrator appointed by this Court by its order dated 09.04.2008 in OMP No. 192/2008 and OMP No. 193/2008 with consent of parties.
(3.) ON 24.04.2008 this Court made an ad -interim order, which was to bind the parties (in OMP 192/2008 and OMP 193/2008). The said order is extracted below: