B BIJU Vs. GEETHA

JUDGEMENT

(1.) THE applicant and respondents 1 and 2 entered into Annexure A-1 partnership deed dated 25th February, 2009. As per the partnership deed, they agreed to conduct a partnership business under the name and style 'M/s. Hotel Adhidhi Residency'. It is stated that 2 buildings, one belonging to the 3rd respondent and another belonging to respondents 3 and 4, were taken on lease by the partnership. It is also stated that the partners had given Rs.30 lakhs as advance to the land lords of the buildings. THE applicant states that the partners had spent Rs.5 lakhs for furnishing and interior decoration of the buildings.

(2.) DISPUTES arose among the partners. O.S.No.361 of 2010 was filed by the first respondent before the Munsiff's Court, Kollam. It is submitted by the counsel that the relief sought for in the suit is to deliver possession of the property to the first respondent (plaintiff). It is also stated that the petitioner and the second respondent, who are the partners of the firm, were removed from the party array in O.S.No.361 of 2010. Respondents 3 and 4 were defendants 1 and 2 in O.S.No.361 of 2010. The first respondent (Plaintiff) and respondents 3 and 4 (defendants 1 and 2) filed a compromise petition in O.S.No.361 of 2010 by which respondents 3 and 4 agreed to repay a sum of Rs.25 lakhs to the first respondent.

(3.) IT is submitted that Arbitration O.P.No.283 of 2010 is pending. The prayer in this Arbitration Request is to appoint an arbitrator in accordance with Clause 19 of Annexure-A1 Partnership Deed. Clause 19 of Annexure-A1 Partnership Deed contains the arbitration agreement which reads as follows:- "19. Arbitration That in case of any dispute regarding meaning and effect of this Deed or any part or any other matters relating to partnership business shall be referred to arbitration and all the provisions of the Indian Arbitration Act shall apply."