arbitration under the said
arbitration agreement.
34.
There is no dispute between the parties that arbitration agreement was
recorded in the partnership deed dated 24th ... such disputes were subject matter of arbitration.
38. In my view, the arbitration agreement recorded in the partnership deed
dated 24th April, 2000 continues
October, 2003. The petitioner thereafter filed an arbitration petition
under section 9 of the Arbitration Act bearing Arbitration Petition
No.343 of 2004 in this ... partner shall not dissolve the
partnership. Clause 18 of the Partnership Deed which records an
arbitration agreement clearly provides that all the disputes and
questions
original Partnership Deed dated 24.04.2000, Partnership
Deed dated 01.06.2006, the Deed of Reconstitution of Partnership dated
01.04.2009 and the Deed of Reconstitution of Partnership dated ... Under the Partnership Deed
dated 24.04.2000, Partnership Deed dated 01.06.2006, Deed of
Reconstitution of Partnership dated 01.04.2009, Deed of Reconstitution of
Partnership dated
Partnership Act to have the partnership
dissolved by notice if the partnership is a partnership at will. On
this interpretation as regards the scope ... reading of clause 9 of the partnership deed, it appears that
the suit partnership is a partnership at will . In reply to the
notice dated
Respondents
WITH
COMMERCIAL ARBITRATION PETITION NO. 412 OF 2021
WITH
ARBITRATION APPLICATION NO. 245 OF 2021
WITH
ARBITRATION APPLICATION NO. 246 OF 2021
Priya Rishi ... Deed of Partnership dated 12 March, 2012 (for short, "2012
Partnership Deed"), namely, the partnership in question, respondent
no.1 was reconstituted. Some
October, 2003. The petitioner thereafter filed an arbitration petition
under section 9 of the Arbitration Act bearing Arbitration Petition
No.343 of 2004 in this ... partner shall not dissolve the
partnership. Clause 18 of the Partnership Deed which records an
arbitration agreement clearly provides that all the disputes and
questions
Partnership Act to
have the partnership dissolved by notice if the partnership is a
partnership at will. On this interpretation as regards the scope ... reading of clause 9 of the partnership deed, it appears that
the suit partnership is a partnership at will . In reply to the
notice dated
Section 40 of the
Arbitration and Conciliation Act, 1996 the application for appointment of
arbitrator under arbitration clause of the partnership deed was liable ... relating to
the partnership affairs and regarding dissolution and discontinuance of the
partnership business between one of the partner to the partnership deed and
legal
Arbitration Act,
has erred in dismissing the application under Section 11
of the Arbitration Act as in law arbitration could be
commenced by the heirs ... have a lien upon the
partnership assets in respect of his interest in the
partnership and taking the partnership account.
Section 47 : It is clear
deed cannot be
referred to an arbitration despite there being arbitration agreement in the
deed of retirement/partnership deed.
ISSUE NO.(1)
12. Two facts ... submission by the petitioner is that partnership being an
unregistered partnership, no reference can be made to the arbitration. In
the present case there
