$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23^rd January, 2026 + CS(OS) 154/2018 & I.A. 4920/2018, I.A. 11587/2018, I.A.

11588/2018, I.A. 11589/2018, I.A. 11590/2018, I.A. 11592/2018, I.A.

11593/2018, I.A. 11594/2018, I.A. 11595/2018, I.A. 11596/2018 MR. PRANAV GUPTA .....Plaintiff Through: Dr. Anurag Kumar Agarwal, Mr.

Ram Gupta, Advocates (M:9891050987)

versus ADEESH GUPTA & ORS .....Defendants Through: Mr. Rakesh K. Khanna, Sr. Adv. with Mr. Rajiv K. Garg, Mr. Ashok Rana, Ms. Ritu Dhingra, Mr. Shiven Banga, Ms. Arushi Jindal, Advocates for D 1- 5, 19, 20, 28 to 33, 36, 37, 40, 42 to

47 and 50 to 53 (M:9810002830)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL):

1. The present is a suit for partition, declaration, dissolution of partnership firms, rendition of accounts and mandatory and permanent injunction with respect to various immovable and movable properties mentioned in Schedule A, Schedule B, Schedule C and Schedule D, filed on behalf of the plaintiff, who is the son of defendant no.1.

2. This Court notes that vide order dated 06^th May, 2019, the plaintiff had agreed that all the disputes, which are subject matter of the present suit, can be referred to arbitration.

3. Further, by way of the Will dated 10^th November, 1998 of Late Shri Dharam Pal Gupta, i.e., grandfather of the plaintiff, the estate of Late Shri Dharam Pal Gupta, had been bequeathed upon the plaintiff, some defendants and his wife Mrs. Rehti Devi.

4. It is also noted that vide order dated 06^th May, 2019, the parties had made the statement that there is no dispute or challenge with regard to the aforesaid Will. The relevant portion of order dated 06^th May, 2019, is reproduced as under:

“xxx xxx xxx

16. The counsels state that there is no dispute amongst the parties of the validity of the documents claimed to be the Will, though the Will has not been probated xxx xxx xxx”

(Emphasis Supplied)

5. It is further noted that the aforesaid Will envisages reference of disputes in relation to the Will to a resolution process, as indicated therein. The relevant portion of Will dated 10^th November, 1998 is reproduced as under:

“xxx xxx xxx In case, any dispute arises amongst my legal heirs after my death, the following three Deciles (SAALAS) shall settle the dispute as per the WILL. Docile (SAALAS) No.1, Shri Purushottam Das Gupta son of Late Shri Lijja Ram Gupta resident of Liberty House, Railway Road, Karnal, Docile (SAALAS) No.2, Shri Rajkumar Bansal son of Late Shri Madan Mohan Bansal resident of Saraswati Bhawan, Vikram Marg, Karnal and Docile (SAALAS) No.3 Shri Adeesh Kumar Gupta son of Shri Dharampal Gupta resident of Liberty House, Railway Road, Karnal. In case, any of the above Docile's expires than the remaining two Docile's can appoint the third Docile out of the family members.

The decision of the above Docile's shall be binding on all the legal heirs in whose favour the WILL has been executed and all my legal heirs will be bound by the said decision. The WILL has been written down so that it remain authenticated.

xxx xxx xxx”

6. In regard to the partnership deeds, it is noted that Late Shri Dharam Pal Gupta during his lifetime was the partner/shareholder/director of the business entity, i.e., M/s Liberty Footwear Company and held 3% share in the said partnership firm, in relation to which, several partnership deeds were executed. The said partnership deeds, latest of which is dated 08^th September, 2003, contains separate and identical arbitration clauses, that provides for a mechanism to resolution of disputes by way of arbitration. The arbitral clause, i.e., Clause 14 of the latest Partnership Deed dated 08^th September, 2003, is reproduced as under:

“xxx xxx xxx

14. ARBITRATION That in case of any dispute between the parties with regard to the interpretation 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 t