SUKHDEEP SINGH & ANR Vs. VED PRAKASH CHAUHAN

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner challenging the Arbitral Award dated 21.02.2015 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Partnership Deed dated 01.06.1989 executed between the petitioner no.2 and the respondent.

(2.) The bone of contention between the parties is in relation to possession of shop situated at property bearing No.2360A, Main Patel Nagar, Shadi-Khampur, New Delhi-110008 (hereinafter referred to as the 'shop').

(3.) The respondent had earlier filed a suit against petitioner no.2, being Suit No.134/2007. In the said suit, the petitioner no.2 filed an application under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908 (CPC) read with Section 5 of the Act seeking dismissal of the suit in view of the presence of an Arbitration Agreement between the parties in the Partnership Deed. It is important to note that the said application was filed by petitioner no.1 as a Power of Attorney holder of petitioner no.2.