ABHISHEK SURESH MEHTA Vs. KANU CHANDULAL SHAH

JUDGEMENT

(1.) The dispute in this petition revolves around the partnership constituted on 16/5/2013 which has given rise to inter-se dispute amongst partners. The said partnership agreement provides for an arbitration under Clause 26 which reads thus :

(2.) Though initially the learned advocates appearing for the parties strongly canvassed the issue regarding the jurisdiction, after some time have reconciled with the fact that keeping the present dispute namely this petition pending would be of no avail. Hence, on being suggested by this Court that the parties would be able to see the light of the day if the matter is resolved by alternative dispute redressal mechanism namely through arbitration as agreed upon by themselves under the partnership deed dtd. 16/5/2013, they have agreed for resolution of the dispute by appointing sole arbitrator.

(3.) All the learned advocates appearing for the parties in unison have agreed for appointment of Hon'ble Ms.Justice Harsha Devani, former Judge of this Court to act as Arbitrator. Hence, the following ORDER