1 48.arbap.165.08 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.165 OF 2008 Tufail Ahmeed Khan ....Applicant V/s. Yadali Nawab Ali Khan & Ors. ....Respondents Mr.Rajiv Kumar a/w. Ms.Neeta Solanki i/by M/s.Kiran Jain & Co. for the Applicant. Mr.R.A.Thorat a/w. Mr.V.K.Gupta i/by Gupta & Gupta for Respondent Nos. 1 & 2. CORAM : S.J. VAZIFDAR, J. DATE : 25 th OCTOBER, 2010. P.C. :- 1. The arbitration application has been filed under section 11 of the Arbitration and Conciliation Act, 1996. 2. The disputes pertains to a partnership. The Applicant is a son of one Mohd.Yunus Haji Nawabali Khan (hereinafter referred to as ‘the said deceased’). The Applicant and Respondent Nos.1 & 2 carried on business in the firm name and style of M/s.Yadali and Brothers on the terms and conditions contained in the deed of partnership dated 13rd April 1983. The said deceased expired in the year 2001. Respondent No.7 is his widow and Respondent Nos.3 to 6 are their other sons. 2 48.arbap.165.08 3. There are disputes and differences between the parties. The partnership is at will. As stated earlier, the Applicant is admittedly one of the partners. Clause 17 of the partnership deed contains the arbitration agreement. 4. Mr.Thorat, the learned counsel appearing on behalf of Respondents Nos.1 & 2 stated that the partnership deed has come to an end in view of the subsequent partnership deed and arrangement arrived at between the parties. The execution of such subsequent deed is itself denied by the Applicant and the other Respondents. This dispute also falls within the ambit of the arbitration agreement as it includes disputes during the continuance of the partnership and at any time thereafter. Thus, even assuming that the partnership has come to an end as alleged on behalf of Respondent Nos.1 & 2, the disputes pertaining thereto and arising therefrom fall within the ambit of arbitration agreement. 5. Considering the nature of the properties, the costs involved and the fact that these all are members of the same family, a serious attempt is being made to settle the dispute before commencement of the arbitration itself. 6. In the circumstances, the application is disposed of by the following order : (i) Mr.Sailesh Shah, an advocate of this Court is appointed as a sole arbitrator. 3 48.arbap.165.08 (ii) This order shall come into effect and the arbitrator shall enter upon reference only on and after 1st March 2011. -