PAWAN KUMAR Vs. RAJ KUMAR CHAUHAN

JUDGEMENT

(1.) C. M. No. 16439-C-II of 2012:

(2.) Defendant moved application (Annexure P-2) under Section 8 of the Act alleging that both the plaintiff and defendant and others constituted partnership firm vide partnership deed dated 27.02.2008 (Annexure P-3) to carry on business of development of properties and construction of flats etc. in the name of M/s CH Land Develope Rs. Flats were to be constructed by the partnership firm in the suit land. There is arbitration clause no. 13 in the partnership deed. Accordingly, defendant prayed for stay of proceedings of the suit under Section 8 of the Act.

(3.) Plaintiff, by filing reply (Annexure P-4), resisted the application and pleaded that the dispute raised in the suit does not relate to partnership business. It was pleaded that partnership deed (Annexure P-3) has no concern with the present suit. It was thus alleged that Section 8 of the Act is not applicable to the suit.