JUDGMENT :

Pushpendra Singh Bhati, J.

1. This Civil Miscellaneous Appeal has been preferred under Section 37 of the Arbitration & Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015 claiming the following reliefs :

“It is, therefore, prayed that this appeal of the appellants may kindly be allowed with costs and the impugned order dated 2.5.2023 may kindly be set aside and further the application of the appellant under Section 9 of the Arbitration & Conciliation Act, 1996 may kindly be rejected and/or in the alternate, the respondent may kindly be directed not to raise any hurdle or obstacle in running peacefully the business of partnership firm

Any other order or directions, which this Hon’ble Court deem just and proper.”

2. Briefs facts of the case, as presented before this Court by the learned counsel for the appellants, are that a partnership deed was executed by one Shri Rakesh Jain (since deceased), Shri Mukesh Kumar (since deceased) Jain and Smt. Mishri Devi in the year 1995 to start a business (Firm) in the name and style “M/s. Shivcharandas and Sons”, and in the partnership deed itself, it was decided that in the event of demise of any of the partners,