RAMESH KUMAR AGRAWAL Vs. LATA DEVI AND ANOTHER

JUDGEMENT

(1.) Applicant has filed this application under Section 11 (6) of Arbitration and Reconciliation Act 1996 for appointment of an Arbitrator.

(2.) A partnership firm named as Antique Stores, Bombay Bazar, Khandwa was registered on 4.12.1971 under the provisions of Indian Partnership Act 1932. It had three partners namely Shivlal, Rishi Kumar and Ramesh Kumar. Shivlal was died on 14.5.1979. Thereafter two sons of Shivlal namely Rishi Kumar and Ramesh Kumar constituted a fresh partnership firm of the same name vide Registration No.719/79-80. Rishi Kumar was also also died on 22.12.2001 and his widow had taken as partner in the firm. Partnership was dissolve on 30.9.2005. The applicant demanded his share in the partnership, thereafter he filed a suit in regard to various reliefs against the non-applicants. Case was registered as C. S. No.1-A/2005. Additional District Judge, Khandwa vide judgment dated 31.10.2015 answered some issues in favour of the applicant but dismissed the suit on the ground that there is a Arbitration Clause in the deed of partnership and as per arbitration clause, if there is any dispute, it has to be decided by the Arbitration. Hence, in view of the provisions of Act of 1996, Civil Court has no jurisdiction to decide the dispute and dismissed the suit and thereafter applicant filed the present application.

(3.) Learned counsel appearing on behalf of the non-applicants contended that partnership firm was not registered because Rishi Kumar was died. Hence, at the time of death of Rishi Kumar partnership firm was came to an end. Consequently, there is no dispute exists and this Court cannot appoint Arbitrator. In support of his contentions, learned counsel for non-applicants relied on following judgments : (1) (Vijay Kumar Sharma @ Manju Vs. Raghunandan Sharma @ Baburam and ors, 2010 2 SCC 486). (2) (B.S.N.L. Vs. Telephone Cables Ltd., 2010 5 SCC 213) (3) (Alva Aluminium Ltd. Vs.Gabriel India Ltd., 2011 1 SCC 167) (4) (State of Orissa & ors Vs. Bhagyadhar Dash, 2011 7 SCC 406) (5) Deutsche Post Bank Home Finance Ltd. Vs. Taduri Sridhar and another., 2011 AIR(SC) 1899