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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 4467 of 2002

PETITIONER:

Jagdish Chander

RESPONDENT:

Ramesh Chander & Ors

DATE OF JUDGMENT: 26/04/2007

BENCH:

H K Sema & R V Raveendran

JUDGMENT:

J U D G M E N T

R.V. RAVEENDRAN, J.

This appeal by special leave is against the order dated 10.7.2001

passed by the Designate of Chief Justice of the High Court of Delhi,

allowing Arbitration Application No.284 of 1997 filed under section 11 (5)

and (6) of the Arbitration and Conciliation Act, 1996 (’the Act’ for short).

2. The appellant and first respondent entered into a Partnership as per

deed dated 9.1.1964 to carry on the business under the name and style of

’Empire Art Industries’. Clause 16 of the said Deed relates to settlement of

disputes. The said clause is extracted below :

"16) If during the continuance of the partnership or at any time

afterwards any dispute touching the partnership arises between the

partners, the same shall be mutually decided by the partners or shall be

referred for arbitration if the parties so determine."

(Emphasis supplied)

3. The first respondent filed the application for appointment of a