- (1.) THIS is an arbitration application u/s 11, Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator as per Clause 15 of the partnership deed dated 20.2.1974 (Anx.1) in respect of the dispute with regard to the venue of the partnership firm.
(2.) THE Non-applicant has filed reply and has also disputed the annual accounts and the notice. Submission of counsel for the applicant is that the Applicant has given a notice for appointment of the Arbitrator as per Clause 15 and suggested the name of Mr.P.S.Shukla, Retd. Distt. Judge. Submission of counsel for the Non-applicant is that in reply to the notice, the Non-applicant has suggested the name of Mr.G.P.Sharma, Advocate. Now both the parties have agreed that the claim and the counter claim both may be referred to the Sole Arbitrator who may be the retired District Judge. I have gone through record of the arbitration application and further considered the submission of counsel for the parties.
(3.) BEFORE proceeding further, it is relevant to quote Clause 15 of the partnership deed, which is as follows: "15. That all disputes or differences in connection with the partnership or with regard to the meaning or interpretation of this deed or in respect of Accounts, Profits or losses of the business or the rights and liabilities of the parties regarding the dissolution f the business arising between the partners or between any one of them and the legal representatives of the other or others or between their respective legal representatives and whether during or after the partnership shall be settled in accordance with the provisions of the Indian Arbitration Act for the time being in force. " As regards the name of the Sole Arbitrator, counsel for both the parties agree that Mr.R.K.Jain, retired Distt. Judge may be appointed as the Sole Arbitrator. I also deem it proper to appoint Mr.R.K.Jain, retired District as the Sole Arbitrator. I, therefore, appoint Mr.R.K.Jain, retired Distt. Judge, as the Sole Arbitrator, and the matter is referred to him for resolving the disputes between the parties, arising out of the partnership deed dated 20.2.1974 (Anx.1). The Sole Arbitrator will fix his fee according to the Arbitration Manual. All objections would be open to be raised by the respondent before the Sole Arbitrator. ;