1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3365 OF 2008 IN SUIT NO. 2398 OF 2008 Jitendra D. Domadia & Anr. ...Plaintiffs Vs. Mr. Chandulal H. Patel (since deceased) through his heir & legal representative & Ors. ...Defendants Mr. P.D. Sampat with Mr. Vilas Jadhav for Plaintiffs Mr. K.H. Mody i/b. Haridas & Co., for Defendants 5 & 10 Ms. K.C. Nichani i/b. Amit Seth for Defendants 1 to 4, 7,13,14,16 & 17. CORAM : SMT. ROSHAN DALVI, J. DATED : 8TH JUNE, 2010 P.C. : 1. The parties are partners. The Suit is for dissolution of Partnership Firm and other reliefs. The fact that the Suit is for dissolution is admitted. The other disputes between the parties remain. 2. One of the clauses in the Partnership Deed is of reference to Arbitration. The dispute between the parties, therefore, required to be referred to Arbitration. Plaintiff’s Advocate fairly concedes to this fact. 2 3. The Plaintiff’s Advocate contends that there are certain properties of individual partners. These are sought to be disposed off. Mr. Mody on behalf of Defendants 5 and 10 makes a statement that there is no necessity for these partners to dispose off any property of the Firm or of the individual partners. The statement is recorded and accepted. 4. Ms. Nichani on behalf of Defendants 1,2,3,4,7,13,14,16 and 17 also makes a statement that these Defendants shall not dispose off any of the properties of the Firm or of the individual parties. That statement is also recorded and accepted. 5. Notice of Notion is disposed off in terms of these statements and the dispute between the parties is accordingly referred to Arbitration. 6. By consent of the parties who are appearing in this Notice of Motion Mrs. Justice K.K. Baam is appointed Arbitrator. 7. Parties shall appear before the learned Arbitrator initially on 17th June 2010. 8. Notice of Motion is disposed off accordingly. (SMT.ROSHAN DALVI, J.)