MUKESH SHARMA Vs. SANJEEV BHASIN

JUDGEMENT

(1.) This miscellaneous appeal filed under Section Jammu and Kashmir Arbitration and Conciliation Act 1997 (hereinafter referred to as the State Act of 1997) is directed against the order dated 25th August, 2017 passed by the 2nd Additional District Judge, Jammu (hereinafter referred to as the 'Court below') whereby the application moved by the appellants for interim relief under Section 9(ii)(a-e) of the State Act of 1997 has been dismissed as 'not maintainable'.

(2.) Facts, in brief, leading to the filing of this appeal are that a partnership deed came to be executed between the appellants and the respondent on 30.09.2014 for running partnership business i.e Restaurant, clause 10 whereof provided for resolution of any dispute that would have arisen between the parties through arbitration to be conducted as per the provisions of Arbitration and Conciliation Act, 1996 (for short 'Central Act of 1996') or any statutory modification thereof. Owing to a dispute that had arisen qua the partnership, the appellants filed a civil suit for Dissolution of Partnership before the Court of 3rd Additional Munisff, Jammu. The maintainability of the suit was opposed by the respondent by filing an application under Section 8 of the Central Act of 1996. The said plea was accepted by the learned 3rd Additional Munisff, Jammu and vide order dated 21.02.2017, application filed by the respondent under Section 8 of the Central Act of 1996 was allowed and consequently, the plaint filed by the appellants was rejected and the application filed for interim relief was dismissed.

(3.) Faced with the dismissal of his suit on account of availability of Arbitration clause in the partnership deed, the appellants filed an application under Section 9(ii)(a-e) of the State Act of 1997 before the Court below. The maintainability of the application was opposed by the respondent taking, inter alia, a plea that the parties were governed by the provisions of Arbitration and Conciliation Act 1996 (Central Act) and, therefore, the Courts in Jammu and Kashmir had no jurisdiction to entertain the application for interim relief. The said plea in terms of the impugned order is accepted by the Court below and the application of the appellants for interim relief filed in terms of Section 9(ii)(a-e) of the State Act of 1997 has been dismissed as 'not maintainable'. It is against this order of the Court below, the appellants are before this Court.