S.J.VAZIFDAR,J. - (1.) By an order dated 22.01.2016 in the petition which is filed under section 11(6) of the Arbitration & Conciliation Act, 1996 (for short 'the Act') I had appointed a sole Arbitrator. This Civil Miscellaneous Application is to recall that order on the ground that the applicants -respondents had not been served. For convenience, I will refer to the applicants and respondents to Civil Miscellaneous Application as they are arrayed in the petition i.e. as respondents and petitioners respectively.
(2.) It is not necessary for me to consider the petitioners' contention that the respondents were infact served with the application under section 11(6) of the Act as I am in any event of the view that it is not necessary to recall the order dated 22.01.2016 appointing the sole Arbitrator.
(3.) The petitioners and the respondents carried on business as partners in the firm named and style M/s Kay Pee Industries on the terms and conditions contained in a deed dated 01.10.2013 title "Reconstitution Deed of Partnership". Clause 17 thereof which contains an arbitration agreement reads as under: - "17. That in case of any dispute, the matter, will so far as possible be referred to arbitration, subject to the provisions of the Indian Arbitration Act." ;