JUDGMENT :

ANUJA PRABHUDESSAI, J.

1. With consent, heard finally at the stage of admission.

2. Challenge in this application under Section 115 of the Civil Procedure Code, 1908 (CPC) is to the order dated 21.08.2019 passed by learned Judge, City Civil Court for Greater Bombay dismissing the Notice of Motion No. 2094 of 2017 for referring the parties to arbitration.

3. The Respondent is the Plaintiff and the Applicant is the Defendant in a suit for dissolution of Partnership-firm and rendition of accounts and shall be hereinafter referred to as the ‘Plaintiff’ and ‘Defendant’ respectively.

4. The Defendant filed a Notice of Motion to refer the dispute to Arbitration in terms of clause 19 of the Partnership Deed dated 05.08/2014, under Section 8 of the Arbitration and Conciliation Act, 1996. The Plaintiff contested the Motion mainly on the ground that the dispute between the parties is not covered by clause 19 of the Partnership Deed.

5. Learned Judge has dismissed the notice of motion essentially on three grounds viz. (i) the Partnership is ‘at will’ and that the right of a partner to dissolve partnership cannot be taken away by arbitration clause and that a partner, who is desirous of di