( 1 ) IN this case, the question is whether there is a valid arbitration agreement in between the parties for, Mr. P. N. Bhatia who had signed on behalf of the defendant firm as partner, was allegedly not a partner, and as such, the defendant could not prima facie enforce the arbitration agreement.

( 2 ) BEFORE proceeding further, it is desirable to appreciate the factual matrix. According to the plaintiffs case, late Shri P. N. Bhatia represented himself as a partner of defendant M/s Mohan Lal Harbans Lal Bhayana and Co. and signed the alleged Articles of Contract dated 12th February 1993 for and on behalf of defendant No. 1, was not the partner on that date. A fraud was played on the plaintiff by producing photostat copies of some alleged partnership deed dated 24th May 1986 and a photostat copy of office order No. 208 (Bandr) New Delhi dated September 1986 from the Government of India, Directorate General, Central Public Works Department indicating that late Shri P. N. Bhatia was one of the partners of defendant No. 1. Believing that Mr. P. N. Bhatia was competent to sign contract dated 12th February 1993, plaintiff entered into contract. Some disputes arose in b