JHARNA SARKAR Vs. NITISH MOHAN SANYAL

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been directed against the order No.25 dated 12th January, 2010 passed by the learned Civil Judge (Senior Division), Jalpaiguri in O.C. Suit No.153 of 2007 by which the learned Civil Judge (Senior Division), Jalpaiguri allowed the petition of Sri S.K. Roy Moulik, a partner of M/s. A. Rudra and Company, on contest and appointed Shri S.K. Roy Moulik, partner of M/s. A Rudra and Company as arbitrator modifying order dated 25.3.2008.

(2.) It is the case of the petitioner that the opposite party as plaintiff instituted a suit for accounts of a dissolved partnership firm against the petitioner in the Court of learned Civil Judge (Senior Division), Jalpaiguri, bearing O. C. Suit No. 153 of 2007 praying for an order of appointing accounts commissioner to prepare the account of the dues of the plaintiff and defendant, injunction and other reliefs. The petitioner appeared in the said suit as defendant and filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 praying for referring the matter to arbitration as provided by Clause 16 of the alleged agreement and also to direct the parties to submit the names of arbitrator. The opposite party contested the said application under Section 8 of the Arbitration and Conciliation Act, 1996 by filing a written objection denying all material averments made therein.

(3.) After hearing the parties the learned Court below allowed the said application under Section 8 of the Arbitration and Conciliation Act, 1996, on 2nd February, 2008, and referred the dispute between the parties to arbitration and directed the parties to suggest the names of arbitrators by the next date fixed. On 25th March, 2008, the learned Court below was pleased to appoint an arbitrator namely M/s. A. Rudra and Company, as suggested by both the parties, to resolve the dispute by and between the parties in terms of the deed of partnership and to make a time frame for publishing the award within four months from the date.