YOGENDRA N THAKKAR Vs. VINAY BALSE

JUDGEMENT

(1.) Admit. Learned counsel for the respondents waives service. By consent of parties, petition is heard finally.

(2.) By this arbitration petition filed under section 37 of the Arbitration & Conciliation Act, 1996 ("for short "Arbitration Act"), the petitioner has impugned the order dated 11th October, 2017 passed by the learned sole arbitrator on the application filed by the respondents under section 16 of the Arbitration Act holding that the arbitral tribunal does not have jurisdiction to decide dissolution of partnership firm under section 44(g) of the Indian Partnership Act, 1932 (for short the "Partnership Act") on just and equitable grounds and further holding that insofar as the decision on the disputes between the parties and dissolution of the partnership firm on the ground that the partnership is "at will" are concerned, the same is within the jurisdiction of the arbitral tribunal. During the course of the argument, learned counsel for the petitioner urged that the petitioner is impugning only part of the order to the extent that the arbitral tribunal does not have jurisdiction to dissolve the partnership firm under section 44(g) of the Partnership Act.

(3.) A short question that arises for the consideration of this Court in this petition is whether the power to dissolve a partnership firm under section 44(g) of the Partnership Act vests only in the Court and cannot be exercised by the arbitral tribunal or not. Some of the relevant facts for the purpose of deciding this petition are as under :