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2017 Supreme(Guj) 408

AKIL ABDUL HAMID KURESHI
Bhanubhai Ramanbhai Patel – Appellant
Versus
Nilesh Ramanbhai Patel – Respondent


Advocates Appeared:
For the Appellants :Dhaval D. Vyas, Advocate.
For the Respondents:Harshadray A. Dave, Advocate.

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. Petitioners seek appointment of an arbitrator to resolve the disputes between the petitioners and the respondents arising out of a partnership agreement dated 19.02.2010.

2. Brief facts are as under:

"Under the said partnership agreement, six partners i.e. the present petitioners and respondents in defined shares joined together to form a partnership for a partnership business in the name of M/s. Navdurga Tobaco Company. Main business of the firm would be to process and sale processed tobacco and for dealing in tobacco on commission. It is not in dispute that the agreement contained an arbitration clause which, when translated in English, would read as under:

"If in relation to the work of the partnership business or in relation to any other matter between the partners any dispute arises, the same could be resolved through arbitration and not through the Court process."

3. Since multiple disputes arose between the two sets of partners, the present petitioners issued a notice dated 12.05.2016. In such notice, they made multiple allegations of misfeasance and misapplication of partnership funds by the respondents. The petitioners, therefore, under































































































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