MAKKAR COTTON MILLS Vs. HARMANDER SINGH

JUDGEMENT

(1.) COUNSEL for the petitioners relies upon a judgment of this Court reported in Bank Bandhu Co-op. Group Society v. M/s. Manasvi Construction Engineers and Contractors, 1999(3) PLR 850 : 1999(4) RCR(Civil) 205 (P&H), and submits that there was an arbitration clause between the parties and, in these circumstances, the respondents were bound by the said arbitration clause and the matter was liable to be referred to the Arbitrator under Section 8 of the New Arbitration Act.

(2.) ON the contrary, counsel for the respondents relies upon a judgment of the Hon'ble Supreme Court reported in Haryana Telecom Ltd. v. Sterlite Industries (India) Ltd., 1999(3) RCR(Civil) 619, and submits that in a suit for dissolution of the partnership and rendition of accounts, this aspect of the case has to be adjudicated by the court itself and not by the Arbitrator.

(3.) NO merit. Dismissed. Petition dismissed.