THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.NO. 446 OF 2003 Date of Judgment: 9.8.2011 Between: Ramesh Kumar Joshi …Petitioner and M/s. Venkata Nagadevi Picture Palace and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.NO. 446 OF 2003 ORDER: The petitioner herein filed OS No. 167 of 2001 seeking a relief that it be declared that he is entitled to look into the affairs of the business of defendants 1 to 3- firm in accordance with Ex.B1, the deed of partition dated 28.5.1992. The partnership firm and the defendants-partners were arrayed as defendants 1 to 4 who filed IA No. 639 of 2002 invoking Section 8 (1) of the Arbitration and Conciliation Act, 1996 requesting the court to direct the parties and particularly the plaintiff to resort to arbitration provided for under Ex.B1. On contest, the said application was allowed by the court below. Aggrieved thereby, the present revision was preferred by the plaintiff in the year 2003. There is no stay in favour of the petitioner since 2003. Since the proceedings in the suit could not be held in view of the impugned order of the court below allowing IA No. 639 of 2002, in all probabilities arbitration proceedings might have been over by now. On 1.7.2011 this Court had granted time to both the learned counsel to verify and get instructions as to the status of the arbitration proceedings. Though the revision petition underwent one more adjournment on 15.7.2011, neither of the counsel are able to confirm with respect to the arbitration proceedings. Even otherwise, the impugned order of the court below shows that the partnership deed itself contains an arbitration clause which prescribes that all the disputes could be referred to arbitration. In terms of the said provision, the court below was fully justified in allowing the said application. Even on merits, I do not find any infirmity in the impugned order. The revision petition is accordingly dismissed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 09.08.2011 KR