J.B. PARDIWALA, J.

1. This First Appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 read with Rule 217 of the Gujarat High Court Rules, 1993, is at the instance of the original defendants and is directed against the order passed below the Chamber Summons Exh. 36-37 in the Civil Suit No. 3117 of 2013.

2. For the sake of convenience, the appellants herein shall be referred to as the original defendants and me respondent herein shall be referred to as the original plaintiff.

3. It appears from the materials on record that the plaintiff preferred the Civil Suit No. 3117 of 2013 in the City Civil Court at Ahmedabad for dissolution of the partnership firm and accounts. Having regard to the main issue involved in this First Appeal, I deem it necessary to reproduce the averments made in the plaint as under:

“1. That in the year 1979-1980, Shri Khodidas Chaturbhai Patel (father of plaintiff, defendant No. 2, defendant No. 3, Vishnubhai & Rameshbhai - five sons) started business in dairy product in the name and style “Shri Krishna Dairy Farm and Cold-drinks” at the rented premises (Shop No. 3) situated in ground-floor bearing Municipal Tenament No. 517-11-0166-0001-9 wh