PREM LATA MENON Vs. BIJU VARGHESE

JUDGEMENT

(1.) A partner of a firm, 'CounsePro Compliance', has filed this petition under Sec. 11 of the Arbitration and Conciliation Act, 1996 for appointment of a sole Arbitrator to enter reference of the dispute and to conduct the proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

(2.) It appears from the records that there is no dispute as regards the constitution of the firm and exchange of notices for appointment of a sole Arbitrator with the petitioner calling upon the respondent to suggest the name of the sole Arbitrator and the respondent suggesting the name of a former Judge of this Court. The dispute is because the petitioner has communicated her unwillingness to agree to such nomination. Thus, the question for consideration is who should be appointed as the sole Arbitrator.

(3.) Ms. B.V. Nidhishree, the learned counsel for the respondent, submits that the petitioner has not filed the original of the partnership Deed or certified copy thereof as required under the provisions of the Arbitration and Conciliation Act 1996. The learned counsel also submits that the petitioner contends that the original of the Partnership Deed is with the respondent, but the respondent does not have the custody of this deed.