JUDGMENT :

1. Heard Sri Vinay Khare, learned Senior Advocate, assisted by Ms. Aarushi Khare, learned counsel for the appellant and Sri Rishabh Agarwal, learned counsel for the respondents.

2. This appeal, filed under Section 37(1) of Arbitration and Conciliation Act, 1996, [“Act, 1996”] is directed against the judgment and order dated 05.03.2021, passed by the Commercial Court, Jhansi, in Misc. Case No. 16 of 2020 (Ramesh Kumar Agarwal Vs. Naresh Kumar Agarwal and another) holding that the Commercial Court would lack jurisdiction under Section 9 of Act, 1996, on the Arbitrator being appointed, accordingly, ordered to return the record under Order 7 Rule 10 of Code of Civil Procedure, 1908, [“CPC”].

3. The respondents executed a partnership deed to constitute a firm in the name and style, "M/s Shanti Construction", for the business of stone crushing or any other business as agreed. As per the deed, the profit amongst partners was to be divided at 33.34 per cent to appellant and 33.33 per cent to each respondent. A dispute arose with regard to share of profit, non payment of salary, denial to access books of accounts, stock material and not allowing the appellant to be involved in the d