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2006 Supreme(P&H) 3671

VINOD K.SHARMA
Liberty Shoes Limited – Appellant
Versus
Harish Kumar Gupta – Respondent


Judgment

Vinod K.Sharma, J.

1. Sarvshri Harish Kumar Gupta and Satish Kumar Gupta, two partners of the firm-M/s. Liberty Enterprises, had filed Civil Suit No. 76 of 2003 in the court of learned Civil Judge (Senior Division), Karnal, for declaration and permanent injunction, wherein some of the defendants/partners filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for referring the parties to arbitration as per arbitration clause No. 15 contained in the partnership deed dated January 29, 2002 which reads as under:

That in case of any dispute between the parties with regard to the interpretations of this deed or any other matter relating to the affairs of the firm, the same shall be referred to an arbitrator mutually agreed upon between the parties in accordance with the provisions of the Indian Arbitration Act.

2. The application was allowed by the learned Civil Judge vide order dated 6th of October, 2003 and accordingly the matter was directed to be referred to the arbitrator to decide the dispute between the parties to the following effect:

As a sequel to the above discussions, the matter is liable to be referred


















































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