SHIVCHARANDAS AND SONS Vs. SHALU JAIN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred under Sec. 37 of the Arbitration and Conciliation Act, 1996 read with Sec. 13 of the Commercial Courts Act, 2015 claiming the following reliefs:

(2.) Briefs facts of the case, as presented before this Court by the learned counsel for the appellants, are that a partnership deed was executed by one Shri Rakesh Jain (since deceased), Shri Mukesh Kumar (since deceased) Jain and Smt. Mishri Devi in the year 1995 to start a business (Firm) in the name and style 'M/s. Shivcharandas and Sons', and in the partnership deed itself, it was decided that in the event of demise of any of the partners, the said Firm can be run by the legal heirs of that partner(s).

(3.) Learned counsel for the appellants submitted that the learned Commercial Court erred in not taking into consideration the fact that the respondent is not a party to the arbitration agreement/partnership deed, that is being relied upon, and thus, there exists no dispute between the appellants and the respondent.