Vinay Agarwal vs M/S R & D Export Corporation & ...
2012 Latest Caselaw 1284 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 2 of 2007
 

 
Petitioner :- Vinay Agarwal
 
Respondent :- M/S R & D Export Corporation & Tohers
 
Petitioner Counsel :- Atul Srivastava
 
Respondent Counsel :- T.A.Khan
 

 
Hon'ble Pankaj Mithal,J.

Heard learned counsel for the parties.

In respect of partnership agreement dated 30.9.2003, a dispute has arisen between the petitioner, on the one hand, and the respondents, on the other. The said partnership-seed did contain an arbitration clause. The said clause no. 10 reads as under:

"That all the dispute, differences and claims arising out of and/or in connection with and/or relating to the present deed and/or to the partnership deed and/or subject matter of the business having been done under the partnership on or before the date of present deed shall be referred to adjudication to the arbitration of the Arbitral Tribunal. The arbitration proceedings shall be conducted by the said Arbitral Tribunal under the provision of Indian Arbitration and Conciliation Act 1996. The venue of arbitration shall be at Moradabad and cost of the arbitration shall be initially borne and paid by the parties inn equal shares subject to the final decision of the Arbitral Tribunal. It is further agreed that on failure of the either parties to pay the cost of the arbitration on demand by the Arbitral Tribunal, the Arbitral Tribunal shall be at liberty to strike down the defenses of the defaulting party. "

Petitioner invoked the aforesaid arbitration clause vide notice dated 25.9.2006 addressed to all the partners. However, no steps were taken and till date no arbitrator has been appointed.

In view of the above, I am of the opinion that it is a fit case in which an arbitrator ought to be appointed for the resolution of the claims/disputes inter se between the parties in connection with the above partnership-deed.

Accordingly, I appoint Sri Ashok Kumar Agarwal, a retired district judge, resident of C-42, Sector-3, Ansal Sushant City Bye-pass Road, Meerut, as the sole arbitrator.

Registry is directed to inform of this order to the learned arbitrator.

This application stands disposed of.

Order Date :- 3.5.2012

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