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13. While summarizing the resistance, it is stated that the applicant's claim for sum of Rs. 35 crores is fictitious and not supported by documents. The applicant was well aware that he is nominal partner in the firm with only 0.1% share in the profit and loss. Though he is nominal partner, he is trying to extort money. According to non- applicants, this application is filed with ulterior motive with sole object of pressurizing rest partners, therefore urged for rejection.

14. Both have produced voluminous documents in support of their respective contentions. Partnership deed dated 01.04.2019 on the basis of which Arbitration Clause has been invoked is tendered on record. The applicant has been shown as partner No. 5 whilst rest are remaining partners of the firm. It bears a reference that the partnership business commenced on 23.09.2007 and revised time to time. The applicant's share is shown as 0.1% in the partnership deed whilst the remuneration payable to the applicant shall be 70%. The partnership deed specifies the rights and liabilities of the partners. Clause No. 12-C specifies that the applicant has been authorized to sell the property described in Scheduled 1 and Scheduled 2 of the deed. The applicant also undertook to clear the dues of competent authority and taxes. Particularly, Clause No. 13 of the deed specifies the dispute resolution mechanism by way of appointment of Arbitrator. The said Clause runs as below:-

16. In support of his contention, the applicant has produced a general power of attorney dated 13.07.2020 authorizing him to sell scheduled property. He has also produced a general power of attorney dated 21.06.2021 which according to him was got executed by deceitful means in favour of partner Naved Sajid Ali. Besides that the applicant has produced the loan sanction documents.

17. It is submitted on behalf of non-applicants that as per partnership deed, the applicant's share was only 0.1% which itself shows that he was nominal partner. Only to facilitate the applicant to sell the scheduled property, 0.1% share was assigned to him. According to non-applicants, since share of the applicant was minuscule, the claim of huge amount of Rs. 35 crores is wholly untenable. The non-applicants have produced a document to show that the applicant has authorized other partners to raise loan. It is submitted that the applicant is one way challenging the loan transaction as well as mortgage created in favour of financier bank. He would submit that without bank being a party and as a mortgagee's rights are in rem, the matter cannot be referred to the Arbitrator. The learned counsel appearing for the non-applicants has referred certain sale-deeds to impress that the applicant has already sold certain properties and thus he is not coming with clean hands.