MASOOD MOHMMED HUSAIN Vs. GULAM RASUL MOHAMMEDALI SHAIKH

JUDGEMENT

(1.) The original petitioner, whose application under Section 9 of the Arbitration and Conciliation Act, 1996, is rejected by order dated 22nd August, 2005 is in appeal before us.

(2.) Brief facts of the matter are thus: the appellant (hereinafter to be referred as "the petitioner") set up the case in the arbitration petition that by a Deed of partnership dated 6th September, 2002, the partnership was constituted between the petitioner and the respondents to carry on business as developers and builders in the name and style of M/s. Amber Enterprises. That the said firm is unregistered is not in dispute. According to the petitioner, the said partnership was dissolved by the petitioner. The partnership firm is said to have owned various assets. The deed of Partnership contains an arbitration clause. As per the case set up by the petitioner, disputes and differences between the parties having been arisen, are to be adjudicated upon by the arbitral tribunal. In the application under section 9, therefore, the petitioner prays for interim relief for appointment of the Receiver of a partnership assets and other ancillary reliefs.

(3.) The respondents contested the arbitration petition and inter alia raised the preliminary objection that the partnership firm according to the petitioner having already been dissolved was not a registered firm and, therefore, the application under Section 9 of the Arbitration and Conciliation Act, 1996 was not maintainable in view of bar under Section 69 of the Indian Partnership Act.