Smt. Prabha Vs. Ram Parkash Kalra - Court Judgment

Excerpt:
- arbitration and conciliation act, 1996. section 8(1): [g.p. mathur & aftab alam, jj] reference to arbitration dispute relating to reconstituted partnership firm - neither r nor his heirs, plaintiffs were parties to the re-constituted partnership - no document to show that they were parties to clause relating to arbitration contained in partnership deed in question held, section 8 would not be applicable to any dispute concerning said partnership deed. therefore matter cannot be referred to arbitration. section 8(1): reference to arbitration suit for declaration that reconstituted partnership deed was void and illegal and for rendition of accounts and share of profits neither plaintiffs nor their father r from whom they derive title were parties to said deed held, in order to get reliefs it is absolutely essential for plaintiffs, for, such declaration could only be granted by civil court and not by arbitrator. matter could not therefore be referred to arbitration. section 8(2): reference to arbitration held, failure of applicant to file original arbitration agreement or duly certified copy thereof amounts to non-compliance of mandatory provision of sub-section (2) of section 8. dispute could not therefore be referred to arbitration. atul singh & ors. vs sunil kumar singh & ors.[ca no. 10/2008 dd 4.1.2008]. the text below is only a summarized version of the order pronouncedthe petition pending before the additional district judge, bhiwani is transferred to the court of the district judge, delhi and thereafter attempts are to be made to bring about a reconciliation or settlement through the marriage counseling center in patiala house and if it fails the matter shall be tried and disposed by the judge in delhi.

Judgment:
The Text below is only a summarized version of the order pronounced

The petition pending before the Additional District Judge, Bhiwani is transferred to the court of the District Judge, Delhi and thereafter attempts are to be made to bring about a reconciliation or settlement through the Marriage Counseling Center in Patiala House and if it fails the matter shall be tried and disposed by the judge in Delhi.