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2021 Supreme(Online)(UK) 1

Sri Raghvendra Singh Chauhan, CJ, Sri Alok Kumar Verma, J
Mohd Yusuf and four others – Appellant
Versus
Ashish Aggarwal and another – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Arvind Vashisth, Mr. Kartikey Hari Gupta
For the Respondents: Mr. Rakesh Thapliyal, Mr. Rajat Mittal

Table of Content
1. application under section 9 of the arbitration and conciliation act dismissed. (Para 1 , 2)
2. circumstances surrounding the partnership and loans defined. (Para 3 , 4)
3. arguments for the void deed and entitlements presented. (Para 5 , 6 , 21)
4. legal interpretations of partnership rights and arbitration eligibility. (Para 9 , 20 , 28)

JUDGMENT:

(per HON’BLE THE JUSTICE SRI ALOK KUMAR VERMA)

The present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as, “the Act, 1996”) against the order dated 15.09.2021, passed by the learned Additional District Judge, (Commercial Court), Dehradun in Arbitration Case No.69 of 2020, “Shri Mohd. Yusuf and four others vs. Shri Ashish Aggarwal and another”, whereby the application under Section 9 of the Act, 1996, filed by the appellants, has been dismissed on the ground that the appellants have neither made out a prima facie case nor is the balance of convenience in their favour nor they will suffer any irreparable loss in the event of being denied injunction because the appellants are not “partners” in the light of the arbitration clause.

2. Heard the learned counsel for

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