2024 INSC 973
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.14005 OF 2024 (arising out of SLP(C) No. 16377/2024)
TARUN DHAMEJA ..... APPELLANT(S)
VERSUS
SUNIL DHAMEJA & ANR. ..... RESPONDENT(S)
O R D E R
Leave granted.
In the present case, the arbitration clause in the Deed of
Partnership dated 16.07.2016 reads as under: -
“23. Arbitration That if at any time either during the continuance of the partnership or after the retirement of any partner, any dispute or difference shall arise between the partners or their respective heirs or any one claiming through or under them, the same shall be referred to arbitration. Arbitration shall be optional & the arbitrator will be appointed by partners with their mutual consent. In any case of dispute arise then the Jurisdiction of Indore Civil Court shall be applicable & acceptable by the partners.”
In our opinion, it cannot be said that the arbitration clause
is optional in the sense that the arbitration clause is non-
existent or that the matter would be referred to arbitration only
if all the parties to the dispute agree to refer the dispute to
arbitration.
In Vidya Drolia v. Durga Trading Corpn.1, this Court
delineated the issue of interpretation and construction of an
1 (2021) 2 SCC 1.
1
arbitration clause and referred to the following observations in
Fili Shipping Co. Ltd. v. Premium Nafta Products Ltd.2: ...