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2022 Supreme(MP) 485

VIVEK RUSIA
DEEPAK – Appellant
Versus
VIRENDRA – Respondent


ORDER (Heard through Video Conferencing) : – Regard being had to the similitude in the controversy involved in the present case, on the joint request of the parties, matters are heard. Some facts are being taken from AC No. 84/2018 in order to understand the controversy between the contesting parties.

    All the applicants have invoked the jurisdiction of this Court by filing the above arbitration cases under section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve the dispute with respondent No. 1 to 4 (in AC no 84/2018).

    2. The facts of the case, in short, are as under : –

    2.1. On 3-8-2007, a partnership Firm in the name of ‘Shri Shiva Construction’ (hereinafter referred to as Firm) came into existence with two partners namely (i) Virendra Modi and (ii) Nitesh Khandelwal. The Firm has its registered office at 23 Shraddhanand Marg, Indore and is mainly engaged in the business of real estate, construction and development. On 4-2-2008, the Firm has undergone a change, when Nitesh Khandelwal left the Firm and in his place, 13 new partners joined the Firm, and the partnership deed dated 4-2-2008 was executed. Clause-6 of the partnership

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