- (1.) This application has been filed under Section 11(5) of the Arbitration & Conciliation Act, 1996. The petitioner's contention is that a partnership deed was executed between the petitioner and the respondent Nos. 1 and 2 on 7th June, 1992. Thereafter, a new partnership deed was executed on 28th March, 2001 and the petitioner retired on 1.4.2001. Thereafter because of the dispute, the petitioner filed a suit before the civil Court being Title Suit No.44 of 2004 in the year 2004. In the said suit, the respondents raised objection under Section-8 of the Arbitration & Conciliation Act, 1996 stating therein that in view of the Arbitration clause, the suit cannot be maintained by the plaintiff. The objection of the respondents was accepted by the civil Court vide order dated 5th December, 2006 and parties were directed to approach the Arbitrator.
(2.) According to the petitioner, he gave a notice to the respondents on 18th March, 2008 for proposed arbitrator but the respondents did not responded to the said notice and, therefore, the petitioner has filed this Arbitration Application in this Court on 1st February, 2010.
(3.) According to the learned counsel for the petitioner, in view of the fact that there is a clause of arbitration in the partnership deed dated 7th June, 1992 and the petitioner filed the suit within the period of limitation, where the respondents' objection was accepted by the civil Court, and in view thereof the parties should have obtain a decision from the Arbitrator. Following the direction of the civil Court, he served the notice upon the respondents and admittedly the respondents did not agree to the name suggested by the applicant, therefore, now the Court may appoint an Arbitrator under sub-section(5) of Section-11 of the Arbitration & Conciliation Act, 1996.;