VIJAY ARVIND JARIWALA Vs. UMANG JATIN GANDHI

JUDGEMENT

(1.) Civil Miscellaneous Application No.20 of 2021, was an application filed under Sec. 9 of the Arbitration and Conciliation Act , 1996. The same was filed by Umang Jatin Gandhi against the petitioner Vijay Arvind Jariwala, who were the two partners of the partnership firm - Blue Feathers Infracon. In the said proceedings, the petitioner herein filed application Exhibit 49 seeking to implead one Falguni Sandip Naik and Sandip Balwantrai Naik persons as parties.

(2.) The said application Exhibit 49 came to be dismissed by the Commercial Court - learned 9th Additional District Judge, Surat, Bardoli by his order dtd. 29/9/2021. It is this order which is sought to be challenged by the petitioner by filing the Special Civil Application.

(3.) The relevant facts are that the partnership firm in the name and style of Blue Feathers Infracon created by deed dtd. 23/2/2012 which then was consisted of partners named Sandip Balwantrai Naik, Umang Jatin Gandhi- respondents herein, Vijay Arvindlal Jariwala and Sandip Balwantrai Naik in capacity of partner of another firm named called Blue Feathers Incorporation. In the year 2014, two partners Sandip Naik in individual capacity and Sandip Naik in capacity of partner Blue Feather Incorporation separated from the firm. The retirement deed was executed on 17/7/2014. The petitioner and the respondent herein remained two partners of the firm with profit sharing ratio 50% each. The rest of the conditions of original partnership deed remained unchanged.