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2022 Supreme(Bom) 2072

G. S. KULKARNI
Priya Rishi Bhuta – Appellant
Versus
Vardhaman Engineers And Builders – Respondent


Advocates Appeared:
Mr. Sanjay Jain a/w., Mr. Nishant Sasidharan, Mr. Ashvin Bhalekar, Mr. Ashwin Bhadang, Ms. Shruti Lakhani and Ms. Khushbu Shah i/b. Dipti Shah, for the Appellant; Mr. Mayur Khandeparkar with, Mr. Rajesh A. Revankar i/b. A.G. Revankar & Co, Mr. Ankit Lohia with, Mr. Chetan Yadav and, Mr. Samarth Patel, for the Respondent.

JUDGMENT

1. These are four applications filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, the Act) whereby the applicants, who claim to be the daughters of deceased Amritlal Jain, who was a Partner in the partnership firm - respondent no.1 in each of these applications, are before the Court praying that the disputes and differences between the applicants and the respondents as arising under these partnership deeds be referred to arbitration.

2. The applicants are invoking the arbitration agreement as contained in each of the partnership deed. The facts in relation to all these applications are common, except that respondent no.1-partnership firm in each of these applications is different. Also the arbitration clause as contained in each of the partnership deed(s) is similar. The arbitration agreement as contained in clause 19 reads thus:-

    19. During the continuance of the partnership or at any time afterwards, if any difference arises among the parties hereto or the executors or administrators or their heirs such difference shall be forthwith referred to an arbitrator or arbitrators as appointed by partners. The decision of arbitrator or arbitrators will

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