IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 28 OF NOVEMBER, 2025 ARBITRATION APPEAL No. 23 of 2025 ARVIND AGRAWAL AND OTHERS Versus AAKASH JAIN Appearance:

Shri Prashant Singh Kaurav, Advocate for the applicants.

Shri Nikhil Rai, Advocate for respondent.

ORDER This arbitration appeal, under Section 37(1)(A) of Arbitration and Conciliation Act, 1996 (for short "the Act") has been filed against the order dated 16.12.2024 passed by Principal District Judge, Gwalior, in RCSA No.1156/2024, by which application filed by applicant under Section 8 of the Act has been rejected.

2. Facts necessary for disposal of present appeal, in short, are that respondent filed a suit for declaration of title and permanent injunction, pleading inter alia that defendant Nos. 1 and 2 /applicants Nos. 1 and 2 constituted a partnership firm in the name of M/s Cosmo Infratech. At the time of constitution of partnership firm, defendants Nos. 1 and 2 had a partnership of 50% each. Defendant Nos. 1 and 2 had purchased Survey No. 94/1, 95, 96 and 97, total 13 Bigha of land, by registered sale deed in the name of defendant No. 3, whereas the sale deed of Survey No.