ARBAP/12/2022
2022 Latest Caselaw 1947 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

       THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

              ARBITRATION APPLICATION NO. 12 OF 2022

                             1st July, 2022

Between:

Vijay Rathi                               ...... Applicant/Petitioner

and

Bhuwan Chandra Bhatt                      ......       Respondent



Counsel for the applicant      :    Mr. Shashank Pandey and Mr.
                                    Akshay    Pradhan,   learned
                                    counsel

Counsel for the respondent     :    Mr. Shubhang Dobhal, learned
                                    counsel



The Court made the following:


JUDGMENT:

Present application has been preferred by the

applicant under Section 11(6) of the Arbitration and

Conciliation Act to seek appointment of a sole Arbitrator

in terms of Clause 19 of the deed of partnership entered

into between the parties on 01.01.2018. Clause 19 of

the partnership deed provides that if any dispute arises

between the parties hereto in respect of the conduct of

business of partnership or in respect of interpretation,

operation or enforcement of any of the terms or

conditions of this deed or in respect of any other matter,

cause or thing whatsoever, the same shall be referred

for arbitration. The parties to the partnership deed are

the applicant and the respondent. The applicant invoked

the arbitration agreement vide notice dated 03.12.2021.

Despite the invocation of the arbitration agreement, the

parties have not been able to mutually agree upon an

Arbitrator.

2) Learned counsel for the respondent neither

disputes the existence of the partnership deed, nor

arbitration agreement contained therein. The

respondent also does not dispute the fact that disputes

have arisen between the parties which are referable to

arbitration under Clause 19 of the partnership deed.

3) According the Arbitration Application is

allowed. I appoint Mr. K.D. Bhatt, (Retd.) District Judge,

as the sole Arbitrator to adjudicate all disputes which

have arisen between the parties under the aforesaid

partnership deed.

________________ VIPIN SANGHI, C.J.

Dt: 1st July, 2022 Negi