S.JEGATHEESAN Vs. S.VAIKUNDARAJAN

JUDGEMENT

(1.) Since all these petitions and the application concerns the dispute among the same parties, they are taken up together for hearing and disposed of by means of this common order.

(2.) The first and second petitioners are husband and wife. The first and second respondents are husband and wife. The petitioners 3 to 5 and the respondents 3 to 5 are their respective children. The first petitioner and the first respondent are brothers. The background facts of the dispute among them leading to the filing of these petitions run infra :

(3.) It is alleged that the petitioners avoiding the document titled as "Kaithadi Partition Deed" have sought for reference of the disputes to the Arbitral Tribunal. Mr.B.Kumar, learned Senior Counsel for the petitioners submitted that the allegation that the partnership deeds between the parties dissolved by virtue of the above said Partition Deed cannot be accepted as the said Partition Deed is not registered. Whether the said Partition Deed dated 31.12.2018 is called as "Partition Deed" or "Conciliation Deed", the same is not drafted in accordance with law, as it is stoutly denied by the petitioners that the Partition Deed, by no stretch of imagination can be called as "Conciliation Deed" as the very document does not have a single reference anywhere to the effect that the same came to be executed as a result of the conciliation proceedings that took place between the parties. It is further alleged that the so-called conciliation report dated 02.01.2019 was furnished to the petitioners only along with the reply notice dated 22.04.2019 and the petitioners were not even aware of the same till then. Hence, the said report is only created at the instance of the first respondent in order to deny the adjudication of the disputes between the parties and thus, the Partition Deed cannot be looked into and the disputes are yet to be resolved between the parties. As the parties are governed by the Partnership Deeds, which provide for arbitration, the reference is sought for appointment of an Arbitrator.