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2006 Supreme(Del) 2085

ANIL KUMAR
MAHAN TRADERS PETITIONERS THROUGH SH. JASWANT SINGH AND SHRI RAM SINGH, PARTNERS – Appellant
Versus
AMAR SINGH – Respondent


Advocates Appeared:
Ajay Gaind


ANIL KUMAR, J.

( 1 ) THIS order shall dispose of the appeal filed by the Petitioners under section 37 (2) of the Arbitration and Conciliation Act, 1996 against the dismissal of his application under section 16 of the Act seeking adjudication of the issue relating to settlement of accounts of the dissolved firm by the arbitration Tribunal.

( 2 ) BRIEF facts to appreciate the controversies between the parties are that Petitioners and respondent had partnership in terms of a deed of partnership dated 1. 9. 1985. The partnership deed had an arbitration agreement incorporated in Clause 15 which is as under:-"15:- That all the disputes and questions in connection with the partnership or this deed, arising amongst the partners shall be transferred to arbitration and its decision shall be binding on all the partners. "

( 3 ) THE partnership was at will and could be dissolved by giving two months notice in writing to other partner.

( 4 ) SH. AMAR Singh, respondent filed an arbitration application being AA no. 256/2002 for appointment of an arbitrator in terms of arbitration agreement between the parties contained in Clause 15 of the partnership deed which was allowed and an arbitral trib
























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