1. wp 10066-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION . WRIT PETITION NO 10066 OF 2010 Amarjeet Singh Gurubaksh Singh Anand .. Petitioner Vs Gurubaksh Singh Surat Singh Anand & Ors .. Respondents . . . . . . Mr M M Vashi i/b M/s M P Vashi & Associates for the Petitioner . . . . Mr P R Arjunwadkar for Respondent Nos 1 to 3 : CORAM . . , . B R GAVAI J : , . DATE 17th FEBRUARY 2011 . .: P C . 1 . , . Rule By consent rule is made returnable forthwith . 2 , By the present petition the petitioner challenges the order dated 19th November 2010 vide which the application filed by the petitioner for referring the dispute between them to the . arbitrator came to be rejected The respondents have filed a . suit for dissolution of partnership against the present petitioner , On being summoned the petitioner appeared and filed . application for referring the matter to arbitrator The said . , . application came to be rejected Hence the present petition . 3 The learned counsel for the petitioner submitted that in view of 1 1. wp 10066-10.doc Clause 14 of the Partnership Deed executed between the , parties the learned trial Court ought to have allowed the . , application and referred the matter to the arbitrator Hence he prays to set aside the impugned order and submits that the . application deserves to be allowed . 4 It would be relevant to refer the Clause 14 of the Partnership : Deed executed between the parties which reads thus " That all the disputes and questions in connection with the partnership of this deed arising between the partners or between any one of them and the legal representative of other or others or between their respective legal representatives and whether arising during or after the partnership shall be referred to a single Arbitrator namely . S Gurbaksh Singh Surat Singh Anand or otherwise in case of his demise to another single Arbitrator acceptable to all partners whose decision will be final and binding to all the parties to dispute and this decision shall not be challenged by any one of parties in Court of law or ." otherwise . 5 , , It is thus clear that there is specific agreement between the , parties that in the event of dispute between the partners the . dispute has to be referred to the single Arbitrator namely Shri . S Gurbaksh Singh Surat Singh Anand or in case of his demise to 2 1. wp 10066-10.doc . another single arbitrator acceptable to all the partners . 6 . Shri Arjunwadkar fairly concedes to this position and states that the respondents/plaintiffs do not have any objection for referring the matter to the arbitration of any of the retired High . . Court Judge on the panel Shri Vashi for the petitioner has . suggested the name of Smt Baam who was a Judge of this . . . Court Shri Arjunwadkar consents for the said name . 7 , . In that view of the matter the petition is allowed The order , . dated 19th November 2010 is quashed and set aside . 8 The dispute between the parties is referred to the arbitration of . . . . Smt K K Baam Taking into consideration a fact that . , respondent no 1 is aged about 86 years old the learned . Arbitrator is requested to expedite the proceeding The expenses for the arbitration would be borne equally by the . plaintiff on one hand and defendants on the other hand . 9 Rule is made absolute in above said terms with no order as to . costs . . , . [ B R GAVAI J ] 3 1. wp 10066-10.doc 4