LAWS(MAD)-2015-4-160

R. NATARAJAN AND ORS. Vs. DHANASEKARAN AND ORS.

Decided On April 24, 2015
R. Natarajan And Ors. Appellant
V/S
Dhanasekaran And Ors. Respondents

JUDGEMENT

(1.) HEARD R.Subramanian, learned counsel appearing for the petitioners and Mr.V.Lakshmi Narayanan, learned counsel for the first respondent/caveator.

(2.) CHALLENGING the fair and final order passed in I.A. No. 15 of 2014 in O.S. No. 230 of 2013 on the file of the learned District Munsif, Dharmapuri, the defendants 2 and 4 have filed the above Civil Revision Petition.

(3.) THE plaintiff filed the applications in I.A. Nos. 859 of 2013 and 860 of 2013 seeking for appointment of Advocate Receiver and for Advocate Commissioner. The Trial Court allowed the application in I.A. No. 860 of 2013 and appointed an Advocate Commissioner. The Advocate Commissioner also filed his report before the Trial Court. The defendants 2 and 4 have filed their objections to the Advocate Commissioner's report. Thereafter, the defendants 2 and 4 filed an application under section 8(1) of the Arbitration and Conciliation Act, 1996 to refer the parties to the suit to arbitration. For referring the matter for arbitration, the defendants relied upon clause 10 of the partnership deed dated 1.4.2007, which reads as follows: