MANOJ MAKKAR Vs. NEERU BAL

JUDGEMENT

(1.) Defendant no. 1 Manoj Makkar has filed this revision petition under Article 227 of the Constitution of India impugning order dated 9.10.2009, Annexure P/6 passed by Learned Civil Judge (Junior Division), Ludhiana thereby dismissing application Annexure P/3 moved by defendant no. 1 petitioner under section 8 of the Arbitration and Conciliation Act, 1996 (in short, the Act) for referring the dispute to arbitration. Ashok Kumar Narang plaintiff no. 1 (since deceased and represented by respondents no. 1 to 4) and his wife Neeru Bala plaintiff no. 2 (respondent no. 1) filed suit against defendant no. 1 petitioner ManojCivil Revision No. 7707 of 2009 -2- Makkar and Kaushlaya Devi defendant no. 2 / proforma respondent no. 5 herein. Kaushlaya Devi is mother of plaintiff no. 1 Ashok Kumar Narang and mother-in-law of plaintiff no. 2 Neeru Bala.

(2.) Both plaintiffs and defendant no. 1 were carrying on partnership business in the name of M/s Narang Filling Station vide partnership deed dated 17.12.2004, Annexure P/1. The plaintiffs alleged in their plaint, Annexure P/2 that the said firm being partnership at will stood dissolved with service of notice dated 22.1.2008. The said firm was carrying on business in the suit property described in the head note of the plaint. The plaintiffs alleged they along with defendants no. 2 are joint owners in possession of the suit property and other property. Plaintiffs sought declaration that the aforesaid partnership firm stands dissolved as aforesaid and therefore, the defendant no. 1 has lost his right to enter upon the suit property. Plaintiffs also, therefore, sought permanent injunction restraining defendant no. 1 from interfering in peaceful possession of the plaintiffs over the suit property and from dispossessing the plaintiffs therefrom illegally and forcibly and from entering upon the suit property.

(3.) Defendant no. 1 on appearance moved application Annexure P/3 under section 8 of the Act for referring the dispute to arbitration in view of arbitration clause contained in paragraph 11 of the partnership deed.