ARBAP/40/2023
2023 Latest Caselaw 2316 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

      THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

           ARBITRATION APPLICATION NO. 40 OF 2023

                        18TH AUGUST, 2023

Between:

Dr. Deepali Dang & others                  ...... Applicants/Petitioners

and

Anees Ahmed                                ......       Respondent



Counsel for the applicants     :    Mr.   Piyush    Garg,     learned
                                    counsel

Counsel for the respondent    :     --


The Court made the following:

JUDGMENT:

           Despite     service     none      appears    for     the

respondent.      I, therefore, proceed to dispose of the

present    arbitration       application    preferred   by      the

applicants under Section 11(6) of the Arbitration and

Conciliation Act.

2) The case of the applicants is that late Sri

Deepak Dang, who was the husband of applicant No. 1,

and father of applicant Nos. 2 and 3, entered into a

partnership deed with the respondent Anees Ahmed on

01.05.2009, to carry on business. The said partnership

deed contains an arbitration agreement to resolve the

disputes between them, under Clause 17, which provides

that the disputes between the partners may be referred

to an arbitrator or odd number of arbitrators, and the

majority decision shall be binding on all the partners.

3) Due to the unfortunate demise of Sri Deepak

Dang - it is claimed by the applicants, that the

respondent did not honour the partnership deed.

Consequently, the applicants invoked the arbitration

agreement to stake their claim vide notice dated

04.11.2022, and demanded the amount retained by the

respondent in the account of late Sri Deepak Dang upon

dissolution of the firm. Despite service of notice, the

respondent has not complied with the said notice.

Consequently, this application has been preferred. As

noticed above, even in these proceedings, the

respondent had chosen not to participate, despite

service of notice.

4) Since the predecessor-in-interest of the

applicants and the respondent entered into a partnership

agreement, which contains an arbitration agreement - as

aforesaid, which has been invoked by the applicants, and

the right to sue survives to the applicants, this

application is allowed.

5) I appoint Shri Manu Rai Sethi, Retired District

Judge, Delhi, Mobile No. 9910384700, to act as a sole

Arbitrator to resolve the disputes between the parties

arising out of their aforesaid partnership deed. The

proceedings shall be conducted virtually, and if

necessary, physically with the consent of the parties.

________________ VIPIN SANGHI, C.J.

Dt: 18th AUGUST, 2023 Negi