CORAM: N. J. JAMADAR, J.

JUDGMENT RESERVED ON: 13TH JANUARY 2025

JUDGMENT PRONOUNCED ON: 17TH APRIL 2025

JUDGMENT:

1. Rule. Rule made returnable forthwith and with the consent of the learned counsel for the parties, heard finally.

2. This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a judgment and order dated 4th September 2024 passed by the learned District Judge, Kalyan, in MCA No. 4 of 2024 whereby the Appeal preferred by the Petitioner-original Defendant No.2 against an order passed by the Trial Court refusing to refer the parties to Arbitration under Section 8 of the Arbitration and Conciliation Act 1996 (“the Act of 1996”) came to be dismissed.

3. Shorn of superfluities, the background facts can be stated as under:

3.1 The Petitioner-Defendant No.2, Respondent No.3-Defendant No.3 and Narayan Tiwari, the predecessor-in-tile of Respondent Nos. 1 and 2-Plaintiffs, had entered into a partnership under the name and style of M/s Tiwari Enterprises. The firm was engaged in the business of builders and developers and other allied activities. They had agreed to share the profits in the ratio of 50%, 25% and 25%, respectivel