PERIN HOSHANG DAVIERWALLA Vs. KOBAD DORABJI

JUDGEMENT

(1.) This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Act). The parties are partners in the partnership business of running IL PALAZZO HOTEL. There are 5 partners in the partnership. The parties entered into a Partnership Deed on 06.03.1992. The partnership is at will but if a partner desires to retire, he/she would require to give 3 months notice in writing to the other partners. The applicants have sought to dissolve the partnership. They have given notice of dissolution.

(2.) The partnership agreement contains an arbitration clause being clause No.29 thereof, the relevant part of which runs thus: All disputed and differences whatsoever which shall either during the partnership or after the termination thereof arise, between the partners or their representative or between any partner and the legal heirs/representatives of the other partner touching these presents or the construction or application thereof, or any clause or thing herein contained, or any account, division, valuation debts or liabilities to be made hereunder or as to any other matter in or the rights, duties or liabilities of any persons under these presents shall be referred to arbitrators one to be appointed by each party to the difference in accordance with and subject to the provisions of the Indian Arbitration Act, 1940 ......

(3.) The applicants have claimed that they have sought arbitration with regard to the dissolution of the firm, its accounts and their share in the property.