SANJEEV GOYAL Vs. H.L. GOYAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 1.4.2009 passed by the Additional Civil Judge (Sr. Division), Ludhiana, dismissing the application filed by the petitioner-Sanjeev Goyal (herein referred as 'the petitioner') under Sections 8, 22 and 23 of the Indian Arbitration Act for referring the matter to the arbitrator to be appointed by each partner or to the sole arbitrator consented by all the partners or in consensus to the sole arbitrator appointed by the court in accordance with the agreement dated 1.4.1987 relating to the dispute arising between the partners of M/s Sanjeev Woolen Mills.

(2.) THE facts as culled out from the record are that vide partnership deed dated 1.4.1987 (Annexure P1), a partnership firm in the name and style of M/s Sanjeev Woolen Mills came into existence. Since the dispute arose between the partners regarding profit of the partnership business, the respondent No.1 felt himself ousted and due to loosing of faith by him, he sent a telegram dated 12.5.1993 (Annexure R-1/3) dissolving the partnership firm. In the meantime, Sanjeev Kumar Goyal filed an application under Sections 8, 22 and 23 of the Indian Arbitration Act, 1940 (herein referred as the 'Arbitration Act of 1940') for making reference to the arbitrator for resolving the dispute between the partners vide application Annexure P-4.

(3.) ON merits, it was pleaded that since the civil suit has already been filed for dissolution of the firm, rendition of accounts, permanent injunction restraining the partners from carrying out the business of the firm and the suit for declaration that the alleged transaction dated 4.1.2005 is illegal null and void and does not bind the plaintiff/respondent No.1 in any manner, therefore, the matter could be decided by the civil court alone.