RAMESHWAR DAYAL vs KRISHAN SINGH PANWAR (DECEASED) THR LRS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 14.11.2025 Judgment pronounced on: 28.11.2025 + FAO 389/2018 & CM APPL 33291/2018 RAMESHWAR DAYAL .....Appellant Through: Mr. L.K. Singh, Advocate. versus KRISHAN SINGH PANWAR (DECEASED) THR LRS .....Respondents Through: Mr. S.C. Singhal, Advocate. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (the Act) is directed against the judgment dated 11.04.2018 passed by the ADJ-04, South-West District, Dwarka Courts, New Delhi in CS No. 15209/2016 dismissing the application under Section 34 of the Act. Parties in this appeal will be referred to as described in the claim petition. 2. The allegations in the claim petition are as follows:- The Signature Not Verified Signed By:KOMAL FAO 389/2018 Page 1 of 17 DHAWAN Signing Date:28.11.2025 11:27:30 claimant and the respondent started business of sale/ purchase of properties around the year 1997. They were doing the said business in partnership and were distributing the profits equally between them. In the year 2000, the claimant and the respondent started the business of construction of buildings. The terms and conditions of the partnership were reduced into writing as per partnership deed dated 29.03.2000. The said partnership business was being carried on under the name and style M/s Asha Builders. The parties also opened a current account bearing no.5029 in the name of the Firm with the Bank of Maharashtra, Janak Puri, New Delhi. All the monies received by the Firm were deposited in the said account and was thereafter shared equally between the partners. Thereafter, the parties purchased a three storied building situated at Plot No. 33, Khasra