Jagdish Chander vs Ramesh Chander & Ors.
[2007] 5 S.C.R. 7202007 INSC 474
Coram: Hon’ble Justice H K Sema & Hon’ble Justice R V Raveendran
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 4467 of 2007
Date of Decision: April 26, 2007
Conclusion

Facts & Background:
- Mr. Jagdish Chander was the Petitioner/Appellant.
- Mr. Ramesh Chander & others were the Respondents.
- The Appellant and the first Respondent entered into a partnership under a deed dated 9.1.1964 to conduct business under the name "Empire Art Industries," incorporating Clause 16 for dispute resolution.
- The first Respondent filed an application seeking the appointment of an arbitrator before the Delhi High Court to adjudicate disputes concerning the dissolution of the partnership firm and rendition of accounts, impleading the appellant and Respondents 2 to 6.
- It was alleged that an arrangement was entered into in 1974 with Respondents 2 to 6 for supervising the firm’s business and disbursing fixed sums to the partners, which the appellant subsequently withheld.
- The Appellant contested the application, contending that the partnership was dissolved in 1979, the accounts were settled, and Clause 16 of the partnership deed did not constitute an arbitration agreement.
- The learned Judge of the Delhi High Court overruled the Appellant's objections, construed Clause 16 as an arbitration agreement, and appointed Justice Santosh Duggal, a retired Judge, as the sole arbitrator on 10.7.2001, limiting the proceedings’ scope to deciding the appointment of an arbitrator.
- The Appellant challenged the order appointing the arbitrator.
Main Issue:
- Is clause 16 of the Deed of Partnership dated 9.1.1964 an arbitration agreement within the meaning of section 7 of the Arbitration & Conciliation Act, 1996? (Paragraph 6)
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