RAM CHANDRA PAROLIA Vs. BISHWANATH PAROLIA

JUDGEMENT

(1.) A petition under Section 8 of the Arbitration and Conciliation Act, 1996 was allowed by the order impugned.

(2.) THE petitioner filed a suit for declaration and injunction against the opposite parties. The petitioner claimed himself to be a partner having 40 per cent share in a partnership firm duly registered under the Indian Partnership Act, 1932. In paragraphs 5 and 6 of the plaint the petitioner claimed that the various terms and conditions of the deed of partnership were tempered with by the opposite parties. In the suit filed by the petitioner, he prayed for a decree for declaration that the petitioner was entitled to enjoy and utilize 40 per cent share of the partnership firm for his warehousing and other business and that the opposite parties had no right to hinder such business. The opposite parties applied under Section 8 of the Arbitration and Conciliation Act, 1996 since according to the opposite parties the deed of partnership dated July 3, 1980 contained a clause for arbitration. By the judgment and order impugned such petition of the opposite parties was allowed.

(3.) ON behalf of the opposite parties it was contended that, the parties of two suits were different. The suit properties in the two suits were also different. The issues raised in the two suits were different. In the first suit in which the judgment and order dated August 22, 2013 was rendered the claim of the petitioner was based on the deed of partnership.