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
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
other
matter relating to the partnership whether
during or after the partnership shall be referred
to arbitration, each party appointing an
Arbitrator or the partners ... matter relating to the partnership whether during or
after the partnership shall be referred to arbitration by appointing a
sole Arbitrator.
54. A dispute arose
reference to proceedings under Section 69(3) of the Indian Partnership Act included arbitration proceedings. Hence, following the decision of the Supreme Court reported ... Arbitration Act, 1940 in the light of the arbitration agreement, this Court finally held that since the arbitration clause formed part of the agreement constituting
arbitration
agreement in each of the agreements of
partnership firms is as under :
PARTNERSHIP FIRM ARBITRATION CLAUSE
M/s Kasliwal Bhagyoday CLAUSE ... thereupon the majority
decision of arbitration will be final
and the Arbitration shall be governed by
the Arbitration Act 1940.
M/s T.K. Developers
Arbitration Case No.92/2018
Gopaldas Khandelwal v/s Virendra & Others
Arbitration Case No.93/2018
Rajesh Kahndelwal v/s Virendra & Others
Arbitration ... invoke the arbitration clause.
11. Shri Asudani has objected that no notice was served to
invoke the arbitration clause in the partnership deed dated
submission by the petitioner is that partnership being an
unregistered partnership, no reference can be made to the arbitration.
In the present case there ... shall
be referred to an arbitration under the provisions of the Arbitration &
Conciliation Act, 1996 ..."
Further, in partnership deed which was 05.04.2006, clause
have a lien upon the partnership
assets in respect of his interest in the partnership and
taking the partnership account ... Arbitration and Conciliation Act,
1996, the application for appointment of an arbitrator
under the arbitration clause of the partnership deed was
liable to be allowed
agreement, i.e. partnership deed. However, this defect stands cured, as the plaintiffs have placed on record the Partnership Deed, containing arbitration clause, therefore ... subject of an arbitration agreement and the Court shall refer the subject matter and parties to arbitration. The partnership deed dated 14.10.2010 in the present
agreement, i.e. partnership deed. However, this defect stands cured, as the plaintiff has placed on record the Partnership Deed, containing arbitration clause, therefore ... subject of an arbitration agreement and the Court shall refer the subject matter and parties to arbitration. The partnership deed dated 12.12.2008 in the present
