MADAN LAL SHROFF Vs. SURYA PRAKASH SHROFF

JUDGEMENT

(1.) This application under Sec. 11 of the Arbitration and Conciliation Act, 1996 has been filed by the applicant for appointment of arbitrator to resolve dispute between the parties.

(2.) The case of the applicant is that the partnership deed dated 29th of February, 2000 was executed by the parties to carry out the business of petrol pump and other businesses which contained the arbitration clause. In terms of the said agreement, applicant is entitled to his share of revenue of partnership firm but the same was denied, therefore, applicant had given the notice dated 22nd of March, 2021 invoking the arbitration clause and making the prayer to the respondent to appoint the proposed person as the sole arbitrator to decide the dispute. In the applicant the stand of the applicant is that the partnership deed has not been dissolved and no fresh subsequent partnership deed has been executed.

(3.) The respondent has filed the reply admitting the execution of the partnership deed dated 29th of February, 2000 but taking the stand that the said partnership was subsequently dissolved and by dint of family settlement, the business of the family was mutually separated.