RAJESH KUMAR RAO Vs. RAVINDER KUMAR GUPTA

JUDGEMENT

(1.) Instant Arbitration Appeal has been preferred by appellants against order dtd. 23/11/2020, passed by Senior Civil Judge, Lahaul and Spiti at Kullu in CMA No. 145-VI/2020 in Case No. 25/2020, titled Ravinder Kumar vs. Rajesh Kumar Rao and another, whereby application preferred by appellants under Sec. 8(1) of Arbitration and Conciliation Act, 1996 (hereinafter referred as the "Act"), praying for referring the dispute to Arbitrator has been dismissed, on the ground that dispute in reference in Civil Suit does not fall within the purview of Clauses of Deed of Partnership dtd. 17/4/2014 executed between appellant No.1 and respondent and, therefore, Arbitration Clause of Deed of Partnership was not applicable in the case in hand.

(2.) Undisputed facts, in present case, are that on 17/4/2014, a Deed of Partnership was entered between Ravinder Kumar respondent and Rajesh Kumar (appellant No.1) to run a Crusher namely M/s Bhawani Stone Crusher in partnership and to use the stone extracted from land referred in Partnership Deed, in partnership business. The land comprised in Khasra Nos. 844 and 845, referred in agreement, whereupon Crusher had already been installed by previous owner Daulat Ram, is in joint ownership and possession of Ravinder Kumar and Rajesh Kumar in equal shares. Land measuring 5-8-0 bighas has been taken on lease by Ravinder Kumar for extraction of stones and stones extracted therefrom were agreed to be used only in M/s Bhawani Stone Crusher with condition that profit of stone extracted shall be distributed between both partners in equal shares. Apart from other terms and conditions, there was Arbitration Clause No. 9 which reads as under:-

(3.) Clause 10 of Partnership Deed is also relevant for adjudication of present matter, which reads as under:-