Judgment

SHAH, J.:- This appeal with special leave is filed against the judgment of a single Judge of the High Court of Bombay dismissing a petition under Section 33 of the Indian Arbitration Act, 1940.

2. On December 22,1966, the appellant and the respondent, who are brothers, entered into an agreement to carry on in partnership three businesses (1) Messrs. F. D. Mehta & Company; (2) The Great Western Stores; and (3) Dr. Writer s Chocolates and Canning Company. The relevant terms of the deed of partnership were as follows:

"1. The agreement has come into effect from the 2nd day of November 1966.

3. The duration of the partnership shall be at will.

7. The net profits of the partnership after payment of all the out goings incidental to the partnership business shall belong to the partners in equal shares and they shall likewise bear all losses including loss of capital.

15.All disputes and questions whatsoever which shall either during the partnership or afterwards arise between the partners or between one of them and the personal representatives of the other or between their respective personal representatives touching these presents or the interpretation of this deed or the construction