AHILUWALIA AND COMPANY HOSHIARPUR Vs. SURINDER MOHAN

JUDGEMENT

(1.) Defendant No. 1 has approached this Court through the present revision petition. The challenge is to order dated January 17, 2003 passed by the learned trial Court. Vide the aforesaid impugned order , an application filed by defendant No. 1 under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), has been dismissed.

(2.) The plaintiff-respondents filed a suit for declaration that the firm M/s. Ahluwalia and Company represented by defendant No. 1 and other defendants No. 2 to 7 stood dissolved after the expiry of three months notice dated 9/04/2001. A further claim was made for rendition of accounts of partnership business started vide partnership deed dated 1/04/1975. It was also claimed that the plaintiffs did not want to continue with the partnership and wanted to retire and recover their shares. Additionally, a prayer was also made for restraining the defendants from making any addition and alternation in the partnership business till the rendition of accounts and not to transfer any property of the partnership business in any manner, till the share of the plaintiffs was settled and recovered.

(3.) On appearance before the learned trial Court, defendant No. 1 filed an application under Section 8 of the Act. It was claimed that in the partnership deed between the parties there is an arbitration agreement and it had been categorically provided that one Ramesh Kumar Dhiman would be the sole arbitrator of the parties and his decision would be final and binding upon them. On that basis, it was claimed that the matter was liable to be referred under the provisions of the Act and the Civil Court had no jurisdiction to try the suit.