SURESH CHAND AGARWAL Vs. MAHESH KUMAR AGARWAL

JUDGEMENT

(1.) Petitioner No.1 and respondent No.1 are both real brothers, being son of late Ram Babu Agarwal. Petitioner No.2 and respondent No.2 are their respective wives.

(2.) Petitioner No.1 along with his wife, petitioner No.2 have together applied against respondents No.1 and his wife, respondent No.2 under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") for referring differences between them for settlement to Arbitration in accordance with the arbitration clause contained in the agreement dated 17.4.2004 which in effect is a deed of partnership.

(3.) The application for appointment of Arbitrator is being opposed by the respondents on the ground that the aforesaid agreement had outlived its utility and is no longer in existence. The said partnership stands dissolved in view of the Will dated 19.8.2011 alleged to have been executed by the father of petitioner No.1 and respondent No.1 and the two deeds of relinquishment dated 11.5.2008 and, as such, no reference can be made to the arbitrator at this juncture.