PARVEZ KHODAYAR RAISI Vs. BEHRAM RASHID ZANDBAF

JUDGEMENT

(1.) By the present application, the Applicant in the capacity as Partner of M/s.Parsi Bakery, seek reference of the disputes that have arisen with Respondent Nos.1 and 2 (erstwhile Partners of M/s.Parsi Bakery), since it is the claim of the Applicant that, he has dissolved the Partnership firm, to be referred to a Sole Arbitrator to be appointed by this Court, by invoking its power under Sub-Sec. (6) of Sec. 11 of the Arbitration and Conciliation Act, 1996. In the Application, Respondent No.3 is Executor, whereas, Respondent No.5 is beneficiary of the Will executed by one of the erstwhile Partner Mr. Merwan Boman Afsadizadeh, who is no more. His daughter is impleaded as Respondent No.4 to the Arbitration Application.

(2.) The request to refer the disputes to an Arbitrator is made in the wake of Clause 12, comprised in the Deed of Partnership entered between the four Partners on 1/12/2003. The Partnership Deed clearly set out the share of each of the Partner in the capital, assets, effects, goodwill and all tangible and intangible rights and benefits pertaining thereto including the benefits of tenancy rights of the said business premises as also the net profits and losses of the partnership business in the following proportions :

(3.) The Deed of Partnership specify that the duration of the Partnership shall be "At Will" of the Partners and in case if any partner desires to retire or separate from the Partnership at any time, he may do so on giving to the other/s not less than one calender month's previous notice in writing, of his intention to do so. An important clause in the Partnership Deed stipulate a contingency in case of death of one of the Partner and the said clause read thus :