- (1.) THIS arbitration application has been listed for orders on Application No.32959 dated 11.11.2011 filed by the respondents No.1 and 2 for vacation of the interim order dated 10.3.2011 but counsel for both the parties agreed that instead of passing any order on the aforesaid application for vacation of the interim order dated 10.3.2011, specific order may be passed in the main application u/s 11, Arbitration and Conciliation Act, 1996.
(2.) HEARD learned counsel for the parties. Submission of counsel for the Applicant on the main arbitration application is that the Applicant and the Non-applicants No.1 and 2 are partners in the partnership firm M/s. Om Trading Co. and further that Clause 12 of the partnership deed contain arbitration clause wherein no name of the Arbitrator has been specified and the same is required to be appointed under the provisions of the Arbitration and Conciliation Act, 1996 but still the respondent No.3 Vishwas Shukla has been appointed Arbitrator by the Non applicants No.1 and 2 against the terms of the partnership deed and also against the provisions of the Arbitration and Conciliation Act, 1996. Counsel for the Non-applicants orally agreed that he has no objection in case any retired District Judge is appointed as an Arbitrator. I have gone through record of the arbitration application and further considered the aforesaid submission of counsel for the parties. Before proceeding further, it would be appropriate to quote the relevant Clause 12 of the partnership deed dated 8.10.2004 (Anx.1) which is as follows: "12. All the matters of differences relating to the partnership shall be referred to arbitrator appointed by the partners as per the provisions of the Arbitration Act. The decision of the Arbitrator shall be binding upon all the partners."
(3.) A perusal of the aforesaid Clause 12 would reveal that the parties have to proceed in accordance with the Arbitration and Conciliation Act, 1996 and further, counsel for the Non Applicants has no objection to the appointment of any retired District Judge as an independent Arbitrator. I, therefore, appoint Mr.G.S.Hora, retired District 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 8.10.2004 (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. The application is allowed. ;