JUDGMENT :

Vivek Singh Thakur, J.

Instant Arbitration Appeal has been preferred by appellants against order dated 23.11.2020, passed by Senior Civil Judge, Lahaul & Spiti at Kullu in CMA No. 145-VI/2020 in Case No. 25/2020, titled Ravinder Kumar vs. Rajesh Kumar Rao and another, whereby application preferred by appellants under Section 8(1) of Arbitration and Conciliation Act, 1996 (hereinafter referred as the “Act”), praying for referring the dispute to Arbitrator has been dismissed, on the ground that dispute in reference in Civil Suit does not fall within the purview of Clauses of Deed of Partnership dated 17.4.2014 executed between appellant No.1 and respondent and, therefore, Arbitration Clause of Deed of Partnership was not applicable in the case in hand.

2. Undisputed facts, in present case, are that on 17.4.2014, a Deed of Partnership was entered between Ravinder Kumar respondent and Rajesh Kumar (appellant No.1) to run a Crusher namely M/s Bhawani Stone Crusher in partnership and to use the stone extracted from land referred in Partnership Deed, in partnership business. The land comprised in Khasra Nos. 844 and 845, referred in agreement, whereupon Crusher had already been in