JUDGMENT

Markandey Katju, J.—

1. Leave granted.

2. This appeal by special leave has been filed against the impugned judgment dated 30.11.2007 of the Delhi High Court FAO(OS) No.469 of 2006.

3. Heard Shri Arun Jaitley learned counsel for the appellants and Ms. Nita Gokhale learned counsel for the respondents.

4. The dispute in this case is between brothers. The appellant Sunder Kukreja filed a petition under Section 20 of the Arbitration Act, 1940 praying for an appointment of an Arbitrator. The parties are real brothers and were carrying on business with each other in the name and style of M/s. D.R. Kukreja and Company. Their mutual rights and obligations were governed by partnership deeds, the last of which was executed on 10.7.1984. In terms of Clause 11 of the said deed, disputes arising between the parties had to be resolved by way of arbitration before a sole arbitrator to be nominated by the parties. Clause 11 reads as follows:

“11. In the event of any dispute or disputes arising between the parties in the running of the partnership business or any matter relating to partnership it shall be referred to a sole arbitrator, agreed to in writing by the parties and the award give