PAWAN KUMAR MOTWANI ALIAS PAWAN Vs. SADARI BAI

JUDGEMENT

(1.) Plaintiff is petitioner in this Civil Revision.

(2.) PETITIONER filed an application invoking power of Court Under Section 20 of the Arbitration Act (hereinafter referred to 'the Act') for filing of the agreement and to refer the dispute to an arbitrator to be appointed by Court. Case of petitioner is that parties entered into agreement in writing on 25 -10 -1969 far carrying on partnership business where there is an arbitration clause to refer disputes to arbitration.

(3.) SINCE plaintiff and defendants both denied to have possessed the original agreement, plaintiff took steps to produce the copy of the agreement in possession of Income Tax Department. On 31 -12 -1982 Income Tax Officer to whom summons had been issued prayed for attending Court on the next date. Order was passed to the following effect : '...His presence in Court is not necessary. But production of copy of the partnership deed is necessary in this case as both the parties to the suit denied to have retained the original partnership deed. In the above circumstances, plaintiff is directed to take fresh step to -day for production of the copy of partnership deed...' Ultimately, a clerk of the Income Tax Department was examined and certified copy of the partnership deed went to record on explanation that though the Original deed was verified at the time of assessment, the copy is available on record and he cannot say to whom the Original was returned. Thereafter other witnesses were examined by parties. On 11 -5 -1984, suit was decreed on contest against defendant. Defendants were directed to produce the original partnership deed.