LAWS(DLH)-1967-10-29

JIWANLAL RAJ NARAIN KHANNA Vs. RADHEY LAL

Decided On October 19, 1967
JIWANLAL RAJ NARAIN KHANNA Appellant
V/S
RADHEY LAL Respondents

JUDGEMENT

(1.) JUDGMENT :

(2.) THIS is an appeal under section 39 of the Indian Arbitration Act, read with section 10 of the Delhi High Court Act, against the judgment and order of H. R. Khanna, J., dated 17-7-1967, in Original Suit No. 108 of 1966 (application) under section 20 of the Arbitration Act, whereby the learned Judge directed the filing of an arbitration agreement into Court for reference of the dispute between the parties to an arbitrator.

(3.) AS regards the 1st question, the disputes between the parties are as to whether the respondent had retired from the partnership, whether he could ask for dissolution of partnership and whether the parties entered into a new agreement which had the effect of extinguishing the existing .agreement. The arbitration clause No. 19 refers to the eventuality of any difference between the parties regarding any partnership affair, and provides that such difference shall be referred to arbitration The words "any partnership affair" are wide and comprehensive, and there can be no doubt that the said words include the disputes that had arisen between the parties. We. therefore, agree- with the view taken by Khanna. J. that the disputes between the parties fell within the arbitration clause.