Govind Mathur, J. - (1.) This application is preferred under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') for appointment of arbitrator to resolve dispute between the parties arising out of partnership deed dt. 10.8.2001. As per the applicant, the non -applicant refused to clear accounts of the firm and no final balance -sheet was prepared.
(2.) Admittedly, the deed of partnership is having an arbitration clause, therefore, the applicant served a notice dt. 4.10.2013 upon the non -applicant for appointment of an arbitrator. The same was replied by the non -applicant under a letter dt. 25.10.2003.
(3.) While contesting present application, the argument advanced by learned counsel for the applicant is that the partnership -firm, as a matter of fact, never came into existence and the same was dissolved under a dissolution -deed dt. 17.9.2009. It is stated that the dissolution -deed bears signatures of the applicant and, therefore, he cannot be permitted to get adjudication of any dispute by way of appointment of an arbitrator.;