RAMAN LAMBA Vs. D M HARISH

JUDGEMENT

(1.) RELYING on section 31 (4) of the Arbitration Act, 1940, the petitioners have filed this petition for a direction that the impugned award be returned to the arbitrators for being filed in the High Court of Delhi on the ground that this award could not have been filed in this Court. The relevant facts and circumstances of the case leading to the filing of this petition are as under.

(2.) THE petitioners alongwith respondents Nos. 3 to 7 were carrying on business as partners in the name and style of M/s. Hotel Diplomet at 9/39, Sardar Patel Marg, Chanakyapuri, New Delhi. The deed of partnership contained an arbitration clause. Disputes and differences arose among the partners. Sometime in the month of January 1982, an agreement of reference was executed by and between the petitioners and respondents Nos. 3 to 7 to refer all their disputes and differences with regard to the said partnership business to the arbitration of respondents Nos. 1 and 2. The said partnership business was carried on at New Delhi. The said Hotel Diplomet is situate at new Delhi. The agreement of partnership was arrived at Bombay. Clauses 11, 15 and 16 of the said agreement of reference are of some relevance having regard to the contentions urged on behalf of the parties. The said clauses are, therefore, reproduced hereinafter :

(3.) RESPONDENT Nos. 1 and 2 held meetings of the arbitration sometimes in Bombay and sometimes at Delhi.