SHARMISTHA BARUA Vs. PRAHALAD KUMAR AGARWAL

JUDGEMENT

(1.) HEARD Mr. N.N. Jha, the learned Counsel appearing for the petitioner. The respondent is represented by Mr. S.P. Roy, the learned Counsel.

(2.) THIS is an application under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act") for appointment of an Arbitrator to adjudicate on the dispute pertaining to the partnership firm M/s ECO Motors of the petitioner and the respondent. Clause 12 of the partnership agreement dated 15.2.2009 provides as follows :

(3.) SINCE the petitioner had not enclosed any Postal proof to show that the advocate's notice dated 9.7.2010 was actually dispatched, this Court on 17.9.2010 and on 21.1.2011 directed the petitioner to furnish proof to establish that the notice demanding arbitration was actually dispatched. The petitioner eventually produced Postal Certificate from the Assistant Superintendent of Post Office (HQ), Guwahati and from this the petitioner asserts that a registered letter booked on 14.7.2010 was delivered to the addressee on 17.7.2010. But Mr. S.P. Roy points out that although postal delivery slip shows the addressee to be P.K. Agarwal (respondent), the letter was not received by the noticee but was received by one Uddhab Deka. The Counsel contends that Uddhab Deka is neither a family member nor an employee of the respondent.