RUPAL TEXTILE AND PARTNERS OF PARTNERSHIP FIRM MADHUBHAI G Vs. PARTNERS OF PARTNERSHIP FIRM M/S RUPAL TEXTILE MAHENDRA H

JUDGEMENT

(1.) The present petition is preferred by the original defendant challenging the order of the learned Principal Senior Civil Judge, Surat passed in Special Civil Suit No.3 of 2011 against the petitioners -defendants in a suit for declaration and permanent injunction preferred by the respondents herein to restrain the petitioner from transferring the properties belonging to the partnership firm and for such other reliefs.

(2.) Petitioners -defendants made an application at exhibit 15 before the Court on 20thJanuary, 2011, inter alia contending that the suit is barred by Section 8 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as the Act), for there being specific condition in the partnership deed for referring the disputes concerning the affairs and matters of partnership firm to the Arbitrator to be appointed by the partners of the firm and for such appointment, Court was not to be approached. In this circumstance, petitioner herein (original defendant) requested the Court to stay the said suit of the plaintiffs -respondents based on the partnership agreement for getting its share along with interest and to issue the direction to resolve the dispute through the Arbitrator. It is say of the petitioner that plaintiffs themselves have produced the copy of the partnership agreement along with the suit and relied upon the same for basing its claim However, the petitioners (original defendants) did not produce the copy along with such application -(exhibit 15) u/S. 8 of the said Act.

(3.) Learned senior Civil Judge after a detailed hearing on both the sides on the ground that the application was not accompanied by the partnership deed, which is otherwise mandatory under the provision of Section 8 of the Act, dismissed the said application of the petitioner . The impugned order is challenged in this petition raising various grounds as enumerated in the petition.