DEVSHIBHAI GOVINDBHAI LIMBANI Vs. DHAVALBHAI BHOGILAL VYAS

JUDGEMENT

(1.) Rule. Learned advocate, Mr. Vishal Mehta waives service of notice of rule for and on behalf of the respondent Nos.1, learned advocate Mr. Akash A. Singh waives service of notice of rule for and on behalf of the respondent Nos.2 to 45 and learned advocate Mr. Bharat Jani waives service of notice of rule for and on behalf of the respondent No.47. Although served with the notice issued by this Court, none appears on behalf of the respondent No.46.

(2.) This Civil Revision Application filed under Sec. 115 of the Code of Civil Procedure, 1908 is arising out of the order 5/2/2019 passed by the learned 4 th Additional Sr. Civil Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad whereby the application submitted by original defendant No.1 under Sec. 8 of the Arbitration and Conciliation Act, 1996 in the suit filed by the respondent No.1-original plaintiff came to be rejected.

(3.) The facts emanating from the captioned Civil Revision Application are that the applicants herein are the original defendant Nos.1 to 9 in the suit filed by the respondent No.1- original plaintiff being Special Regular Civil Suit No.69 of 2015 for cancellation of the sale deed. The applicant Nos.1 to 7 entered into a partnership deed by executing a partnership deed dtd. 29/10/2009 in the name and style as M/s. Satkar Corporation for the purpose of carrying out various business including dealing in land and development. Later, vide supplementary deed dtd. 21/10/2011, the aforesaid partnership deed came to be supplemented and two other partners, i.e, respondent No.1-Dhavalbhai Bhogilal Vyas and Vandemataram Project Pvt. Ltd. were added in the aforesaid firm M/s. Satkar Corporation. Thereafter, some disputes arose between the respondent No.1 on one hand and the applicants on other hand.