Punjab-Haryana High Court
M/S. Makkar Cotton Mills vs Harmander Singh on 18 October, 2000
Author: R.L. Anand
Bench: R.L. Anand
JUDGMENT R.L. Anand, J.
1. Counsel for the petitioners relies upon a judgment of this Court reported in Bank Bandhu Co-op. Group Society v. M/s. Manasvi Construction Engineers and Conlrticlars, 1999(3) PLK 850 :1999(4) RRR 205 (P&H), and submits that there was an arbitration clause between the parties and, in these circumstances, the respondents were bound by the said arbitration clause and the matter was liable to be referred to the Arbitrator under Section 8 of the New Arbitration Act.
2. On the contrary, counsel for the respondents relies upon a judgment of the Hon'ble Supreme Court reported in Haryana Telecom Ltd. v. Sterlite Industries (India) Ltd., 1999(3) RCR (Civil) 619, and submits that in a suit for dissolution of the partnership and rendition of accounts, this aspect of the case has to be adjudicated by the court itself and not by the Arbitrator.
3. In view of the judgment of the Hon'ble Supreme Court and by distinguishing the judgment relied upon by the counsel for the petitioners, 1 am of the considered opinion that the present revision petition must fail and I do not sc any illegality or impropriety in the impugned order.
4. No merit. Dismissed.
5. Petition dismissed.