- (1.) ALL these applications have been filed by the petitioner -Suhrid Roy Choudhary for appointment of an Arbitrator in view of the deed of partnership which had been executed in between the petitioner -Suhrid Roy Choudhary and the other two partners, namely, Sri Sushil Kumar Ghosh and Sri Tapas Roy Choudhary.
(2.) COUNSEL for the petitioner submitted that the partnership deed clearly reflects that all the abovementioned parties had entered into a partnership deed to run the partnership firm dealing in the business of Diesel Pump, Diesel Generator Set, Electric Motor Tractor etc. and it was agreed that they shall contribute their capital in equal share and the third party shall be only a working party. The details of terms and conditions of agreement is not required to be stated herein as the dispute which has been raised by the petitioner inter alia, is to the effect that the respondent no. 2 Sushi I Kumar Ghosh -one of the partners of the partnership deed, is declining to show the books of account to the petitioner and he is also not sharing any profit and has been usurping the share of the petitioner. The counsel for the respondents also accepted the position that the dispute, in fact, is existing between the petitioner and the respondents and, therefore, the same may be referred to the Arbitrator as there is a clear clause in the agreement itself which discloses that in the event of existence of a dispute between the partners of the Firm, the matter be referred to the Arbitrator, with consent of the parties.
(3.) THE counsel for the parties submitted that a retired Judge of the High Court available at Ranchi may be appointed to adjudicate the dispute between the petitioner and the respondents and hence a list of the retired Judges was furnished to the Court for appointing an Arbitrator, who can adjudicate the dispute existing between the parties.;