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2023 Supreme(Bom) 2117

BHARATI DANGRE
Parvez Khodayar Raisi – Appellant
Versus
Behram Rashid Zandbaf – Respondent


Advocates appeared:
Dipesh Siroya, Advocate, Satyavan N.Vaishnav, Advocate, Nupur Mukherjee, Advocate, N.N.Vaishnawa, Advocate

JUDGMENT/ORDER

1. By the present application, the Applicant in the capacity as Partner of M/s.Parsi Bakery, seek reference of the disputes that have arisen with Respondent Nos.1 and 2 (erstwhile Partners of M/s.Parsi Bakery), since it is the claim of the Applicant that, he has dissolved the Partnership firm, to be referred to a Sole Arbitrator to be appointed by this Court, by invoking its power under Sub-Sec. (6) of Sec. 11 of the Arbitration and Conciliation Act, 1996. In the Application, Respondent No.3 is Executor, whereas, Respondent No.5 is beneficiary of the Will executed by one of the erstwhile Partner Mr. Merwan Boman Afsadizadeh, who is no more. His daughter is impleaded as Respondent No.4 to the Arbitration Application.

2. The request to refer the disputes to an Arbitrator is made in the wake of Clause 12, comprised in the Deed of Partnership entered between the four Partners on 1/12/2003. The Partnership Deed clearly set out the share of each of the Partner in the capital, assets, effects, goodwill and all tangible and intangible rights and benefits pertaining thereto including the benefits of tenancy rights of the said business premises as also the net profits and losse

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