JUDGMENT - REBELLO F.I., J.:---There is admittedly a Deed of Partnership entered into between the plaintiff on the one hand and the defendant on the other, dated 1st April, 1997. Clause 11 of the said partnership deed reads as under :-

"The duration of the partnership shall be "at Will" terminable by either of the partner giving three calendar month's notice in writing to the other partners. Death, Retirement, Insolvency of insanity of any partner shall not dissolve the partnership."

Clause 15 of the Deed of Partnership reads as under :-

"All disputes and differences arising between the partners or question in connection with the partnership or this deed shall be referred to the arbitrators one to be appointed by each party or by his/her personal representative under the provisions of the Indian Arbitration Act, 1940 or any statutory modifications or re-enactment thereof for the time being in force."

It is the case of the plaintiff that difference have arisen which are set out in the plaint and consequently a notice came to be issued on their behalf by their Advocates dated July 10, 2003. After setting out various facts in the notice, it is then set out as under :-

"Please note that the said partnership firm of M/s. Sagar Builders shell stand dissolved with effect from expiry of three calender months from the receipt of this notice by you."

The other aspects need not be adverted to. There is a reply to that notice on behalf of the defendants herein.

2. The suit thereafter came to be filed on 19th August, 2003. Some of the relevant prayer clauses in the suit are as under :-

"(a) that this Honourable Court may be pleased to dissolve the suit partnership firm i.e. Sagar Builders with immediate effect and/or with effect from such date as this Honourable Court deems fit;

(b) in the alternative to prayer a), this Honourable Court may be pleased to declare that the suit partnership firm i.e. Sagar Builders stands dissolved in pursuance of plaintiff's Advocates Notice dated 10th July, 2003 with effect from such date as may be fixed by this Honourable Court."

It is not necessary to advert to the other prayers. Suffice it to say that in support of the prayer Clause (a) in paragraph 8 of the plaint the averments are as under :-

"It is imminently just and equitable that the said firm should be dissolved and unless this Honourable Court intervenes............."

This Motion thereafter was taken out on 2nd September, 2003 wherein various reliefs have been sought including appointment of Receiver as well as injunction.

The defendants have filed their reply and in paragraph 3 have raised the plea that the subject matter of the suit is covered by an arbitration clause. This Court, therefore, considering section 8 may direct parties to arbitration. The relevant averments in para 3 of the affidavit are that the Court be pleased to dismiss the above suit as per the provisions of section 8 of the Arbitration and Conciliation Act, 1996. It is averred that this should be treated as an application for invocation of the arbitral clause in arbitration agreement. The subject-matter of the suit is covered by the arbitral agreement which is wide enough to include disputes as to dissolution. It is, therefore, prayed that the suit in view of the arbitration agreement between the parties be stayed or rejected.

On behalf of the plaintiff learned Counsel contended that he is not filing rejoinder, but proceeding on the basis of denial of the contentions raised.

3. On behalf of the plaintiffs it is argued by the learned Counsel that though the partnership is at Will and though the plaintiffs had served a notice for dissolution of the partnership that will come into effect after 3 months from the date of receipt of notice dated 10th July, 2003. It is in that context it is contended that they have prayed for dissolution of partnership on just and equitable grounds. The ground for just and equitable dissolution is a power conferred on the Court and not on the arbitrator. In t

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