Rajasthan High Court
Banwari Lal S/O Rameshwarlal ... vs Pramod Kumar S/O Late Balchand ... on 10 October, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Revision Petition No.134/2022
Banwari Lal S/o Rameshwarlal Jangid, & Ors.
----Petitioners-Defendants
Versus
Pramod Kumar S/o Late Balchand Singhaniya
----Respondent-Plaintiff
For Petitioner(s) : Mr. Aveesh Mourya & Mr. Aneesh
Mourya for Mr. H.C. Mourya
For Respondent(s) : Mr. J.P. Goyal, Sr. Advocate assisted
by Ms. Jyoti Swami & Mr. Ashrut Sethi
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
10/10/2022
1. Heard counsel for both parties and perused the record.
2. It appears that respondent-plaintiff has instituted civil suit
for permanent injunction placing reliance upon a registered
partnership deed dated 02.09.2019. It is not in dispute between
parties that initially partnership deed dated 21.10.2009 was
executed between the parties to carry on the business of sold and
purchase of the plots under the name and style of "M/s. Abhinav
Builders & Developers" and in that partnership deed in Clause 17
following arbitration agreement is incorporated:-
"Disputes or differences if any that may arise
between partners hereto or their respective heirs sectors
or administrators touching these presents or the
constructions thereof or any clause or thing herein
contained or otherwise or in anyway relating to or
concerning these presents or the rights, duties or
liabilities of any of the partners hereto in connection
therewith the matters in such dispute or difference shall
(2 of 3) [CR-134/2022]
be referred to the arbitration in accordance with and
subjects to the provisions of Indian Arbitration and
conciliation Act 1996 or to any statutory modifications or
reenactment thereof for the time being in force. The
Arbitrator shall have summery powers including power to
hear one party in the absence of the other or to take
such evidence or receive such documents, as he shall in
his absolute discretion deem proper."
3. The partnership deed dated 21.10.2009 was later on
amended on 07.02.2011 and then the partnership deed dated
02.09.2019 was executed. In the partnership deed dated
02.09.2019, reference of previous and original partnership deed
dated 21.10.2009 finds place, which incorporates the arbitration
agreement to decide the dispute between parties through
Arbitration Tribunal.
4. In view of such arbitration agreement, the dispute
whatsoever arises between the parties out of the partnership deed
is amenable to be adjudicated by the Arbitration Tribunal.
5. Respondent-plaintiff has instituted the present civil suit for
permanent injunction wherein petitioners-defendants moved an
application invoking provisions of Section 8 of the Arbitration and
Conciliation Act, 1996 read with Order VII Rule 11 CPC which has
been dismissed by the trial court vide impugned order dated
02.07.2022.
6. Learned counsel for petitioners has made an oral prayer to
confine their revision petition to challenge the order dated
02.07.2022 and their application be treated as an application
within Section 8 of the Arbitration and Conciliation Act, 1996.
7. Learned counsel for petitioners placed reliance on judgment
passed by this Court in cases of Rajasthan State Road
(3 of 3) [CR-134/2022]
Transport vs. Nand Lal Saraswat [AIR 2005 Raj 112] and
M/s. Dhamu Builders & Developers vs. Korel Infragold
Private Limited [S.B. Civil Revision Petition No.94/2015]
and another connected matter. He further placed reliance on
judgment passed by Hon'ble Supreme Court in cases of A.
Ayyasamy vs. A. Paramasivam [(2016) 10 SCC 386] and
Sundaram Finance Limited vs. T. Thankam [(2015) 14 SCC
444].
8. In view of above, the matter requires consideration.
9. Admit.
10. Since respondent-plaintiff has put in appearance, no need to
issue notices hence service stands complete.
11. Record of the trial court be summoned.
12. In the meanwhile, further proceedings of Civil Suit
No.82/2002 shall remain stayed during course of pendency of this
revision petition.
Stay application stands disposed of.
13. However, it is observed that this stay order will not come in
way to either of the parties to move application for appointment of
Arbitration Tribunal in order to adjudicate the dispute between the
parties including subject matter of present civil suit.
(SUDESH BANSAL),J
SAURABH/83
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