DHRUVKUMAR JASWANTLAL PATEL Vs. SHEFALI NILESHBHAI PATEL

JUDGEMENT

(1.) Petitioners have sought for appointment of a Sole Arbitrator by invoking Arbitration Clause in the Partnership Deeds contending inter alia that parties have agreed to resolve their disputes that have arisen under the respective Partnership Deeds.

(2.) I have heard arguments of Shri Sudhir Nanavati, learned Senior Advocate appearing for petitioners and Shri Saurabh Soparkar, learned Senior Advocate appearing for respondents. Perused the records.

(3.) Having regard to the fact that warring groups are belonging to the same family and Partnership Deeds are also amongst the family members whereunder they have agreed that disputes/questions arising during the continuation of partnership or thereafter would be resolved through Alternate Dispute Redressal Forum namely, Arbitration, this Court is of the considered view that parties are to be relegated to resolve their disputes accordingly. Respective arbitration clauses as found in the agreements are tabulated hereinbelow: IAAP No. Clause Clause Contents No. 80/2020, 17 All the matters in disputes and questions, 81/2020, whatsoever, which may arise during the 87/2020, continuance of the partnership or thereafter 88/2020, between the partners or their respective 96/2020, heirs and/or representatives concerning this 98/2020, indenture or the construction or application 99/2020, of any clause or thing herein contained or 102/2020, any account, valuation, division of assets, 103/2020, debts and liabilities to be made hereunder or 104/2020 to any other matters in any way related to the partnership or the business affairs thereof or the rights, duties or liabilities of any person hereunder shall be referred to Arbitration and settled in accordance with the provisions of the Arbitration and conciliation Act 1996. 82/2020 16 All the matters in disputes and questions, whatsoever, which may arise during the continuance of the partnership or thereafter between the partners or their respective heirs and/or representatives concerning this indenture or the construction or application of any clause or thing herein contained or any account, valuation, division of assets, debts and liabilities to be made hereunder or to any other matters in any way related to the partnership or the business affairs thereof or the rights, duties or liabilities of any person hereunder shall be referred to Arbitration and settled in accordance with the provisions of the Arbitration and conciliation Act 1996 then in force. 97/2020, 17 All the matters in disputes and questions, 100/2020, whatsoever, which may arise during the 101/2020 continuance of the partnership or thereafter between the partners or their respective heirs and/or representatives concerning this indenture or the construction or application of any clause or thing herein contained or any account, valuation, division of assets, debts and liabilities to be made hereunder or to any other matters in any way related to the partnership or the business affairs thereof or the rights, duties or liabilities of any person hereunder shall be referred to Arbitration and settled in accordance with the provisions of the Arbitration and conciliation Act 1996 then in force. 105/2020 15 If there is any dispute between the partner/partners or representative of the partners about Interpretation of this deed or about settling of accounts or settlement of assets, liabilities or duties of the persons, then in such case, arbitrator will be appointed as per the mutual consent and the place of such arbitration will be at Ahmedabad and it will be subject to Arbitration & Conciliation Act 1996.