R.V.RAVEENDRAN, H.K.SEMA
Jagdish Chander – Appellant
Versus
Ramesh Chander – Respondent
JUDGMENT
R.V. Raveendran, J. — This appeal by special leave is against the order dated 10.7.2001 passed by the Designate of Chief Justice of the High Court of Delhi, allowing Arbitration Application No.284 of 1997 filed under section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (‘the Act’ for short).
2. The appellant and first respondent entered into a Partnership as per deed dated 9.1.1964 to carry on the business under the name and style of ‘Empire Art Industries’. Clause 16 of the said Deed relates to settlement of disputes. The said clause is extracted below :
“16) If during the continuance of the partnership or at any time afterwards any dispute touching the partnership arises between the partners, the same shall be mutually decided by the partners or shall be referred for arbitration if the parties so determine.” (Emphasis supplied)
3. The first respondent filed the application for appointment of an Arbitrator to decide the disputes in regard to dissolution of the said partnership firm and for rendition of accounts. In the said application, the first Respondent arrayed the appellant herein as the first respondent. Respondents 2 to 6 herein were also impleaded a
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