1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (Lodging) NO.1147 OF 2009 Mahesh Inder Bhatia ...Petitioner. Vs. Inderji M. Bhatia & anr. ...Respondents. Mr.Sanjay Bhatia with Ms.Rekha Shinde for the Petitioner. Mr.Simil Purohit i/b. Wadia Gandhy & Co. for the Respondents. CORAM :- ANOOP V. MOHTA, J. DATED :- 22nd January, 2010. P.C.- 1 One of the partner of the firm has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as there is arbitration clause in the Partnership Deed which is not in dispute. 2 Considering the fact that the whole purpose and object of the partnership is to complete one particular project and accordingly, they have joined for that cause and further that the Partnership is still in existence and there is no notice of dissolution, therefore, it is necessary in the interest of justice of both the parties that they should work together to achieve the target of the project to avoid further complication in the matter. Considering the averments made, there are some disputes raised which, at this stage, just cannot be decided finally in a Petition under Section 9 of the 2 Act. Once the Arbitrator is appointed, the parties can agitate the dispute before the Arbitral Tribunal, if any constituted. The learned counsel appearing for the respondent that there is no dispute at all which need to be referred before the Arbitral Tribunal. However, considering the fact that the petitioner has filed Section 9 Petition and made certain allegations against the two partners, that in a given case, need to be resolved before the Arbitrator. Therefore, liberty is granted to the petitioner to agitate all the issues/disputes, even if any, before the Arbitral Tribunal. The parties to take steps to constitute an Arbitral Tribunal and/or to appoint Arbitrator by consent to resolve the dispute. 3 However, it is made clear that any transaction or dealing of any flats, if any, that will be subject to the accounts and prior intimation to the petitioner. 4 In view of above, the petition is accordingly disposed of with liberty. No costs. (ANOOP V. MOHTA, J.)