ASHOK KUMAR MALHOTRA Vs. KASTURI LAL MALHOTRA

JUDGEMENT

(1.) PETITIONERS have sought appointment of an Arbitrator to resolve the dispute between the parties arising out of the partnership deed dated 6.8.2004 (Annexure P-1).

(2.) THE partnership is at will and contains the following arbitration clause to resolve the disputes between the parties:-

(3.) ON the other hand, learned counsel for the petitioners has referred to a judgment of Honble Supreme Court reported as Booz Allen and Hamilton Inc. v. SBI Home Finance Limited, (2011) 5 SCC 532; Olympus Superstructures (P) Ltd. v. Meena Vijay Khetan, (1999) 5 SCC 651 and V.H.Patel & Company and others vs. Hirubhai Himabhai Patel and ors, (2000) 4 SCC 368. Reference is also made to Mahendra Kumar Poddar vs. M/s Bansal Builders and ors, AIR 2001 Calcutta 58 and J.B.Dadachanji Vs. Ravinder Narain 2002(4) R.C.R.(Civil) 7 (Delhi), wherein, the learned Single Bench of Calcutta and Delhi High Court have taken a view that the arbitrator is competent to dissolve a partnership firm. The petitioners have also relied upon a recent Single Bench judgment reported as Rajinder Prasad Goyal vs. Royal Orchid Company and ors 2011(3)PLR 266 to contend that the arbitrator was found entitled to examine the question of dissolution of the firm.