Hemant Gupta, J. - (1.) THE Petitioner and Respondent Nos. 2 to 4 entered into a partnership and reduced the terms of partnership firm vide Instrument dated 06.08.1998. The parties have agreed to carry the partnership business under the name as style of M/s Gill Enterprise, Chandigarh Road, Kohara, District Ludhiana. The arbitration clause in the said partnership deed read as under: 11. No partner can ask for dissolution of the firm. If there arises any dispute among the partners, it will be decided mutually or it be referred to the arbitrator and the decision of the arbitrator will be binding on all the partners.
(2.) EARLIER the Petitioner filed a civil suit for dissolution of partnership firm and for rendition of account. In the said suit, Respondent Nos. 2 and 4 filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 for stay of proceedings of such suit in view of the arbitration clause between the parties. The learned Civil Court vide order dated 27.10.2007 stayed the proceedings in the suit and the parties were directed to seek adjudication of the dispute in terms of Clause 11 of the partnership deed. Thereafter, the Petitioner served a notice for appointment of an Arbitrator. As per the Respondents, vide communication dated 16.10.2008 (Annexure R -3) appended with their reply, they have suggested the name of Shri Sohan Singh, Ex -sarpanch son of Shri Udya Singh as an Arbitrator. The name of Shri Sohan Singh was reiterated as an Arbitrator in the subsequent communication dated 26.02.2009 (Annexure R -4).
(3.) KEEPING in view the fact that disputes have arisen between the parties and that the Respondents have resisted the suit for dissolution of partnership firm and rendition of accounts by filing an application under Section 8 of the Act, therefore, such disputes are required to be resolved by an Arbitrator. The parties have agreed for an Arbitrator before this Court. Therefore, Shri V.B. Handa, Retd. District Judge, is appointed as an Arbitrator to adjudicate upon the dispute(s) between the parties. The Arbitrator shall be free to fix his fee in consultation with the parties on the first date of hearing.;