BAL KISAN BANSAL Vs. PRAMIT BANSAL

JUDGEMENT

(1.) Three persons namely Bal Kishan Bansal, Devki Nandan Bansal and Pramit Bansal formed a partnership under the name and style of M/s. Bhagwati Glass Enterprises with the object of carrying on the business for sale and manufacturing of glass and bangles and other glass products. The said partnership was the reduced in writing on the 1st day of April 1995. The partnership deed contains clause No. 13 which provide that in case of any dispute among the parties, the matter first shall be referred for arbitration and if such appointment is not possible, party or parties shall have right to recourse at the court of law.

(2.) With the passage of time, some dispute arose among the members of the aforesaid partnership, which led the filing of suit no. 266 of 2003 by Pramit Bansal and Devki Nandan Bansal (opposite parties in the present revision) against Bal Kishan Bansal (applicant), for permanent injunction restraining the defendant from interfering in the running and working and necessary affairs of the aforesaid firm in any manner whatsoever and also using stock of the said firm, An application paper no. 24-C was filed on behalf of the defendant, who is applicant in civil revision, to dismiss the suit as the same is barred under the provisions of Arbitration and Conciliation Act 1996 in view of arbitration clause between the parties. The said application has been rejected by the court below by order under revision. Aggrieved against the aforesaid order the present revision has been filed.

(3.) Heard Shri M. M. D. Agrawal and Shri Pradeep Kumar learned counsel for the applicant and Shri S. N. Verma Senior Advocate assisted by Shri R. K. Garg for opposite parties.