S.SHIVAKUMAR Vs. SGH RURAL GODOWN

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed under Sec. 11(5) of the Arbitration and Conciliation Act, 1966 (for short 'the Act') seeking appointment of sole arbitrator to resolve the dispute and difference between the parties under the deed of partnership dtd. 10/3/2008 evidenced at Annexure-A and the reconstitution deed evidenced at Annexure-B.

(2.) Respondents on receipt of notice have tendered appearance and have engaged their lawyer and their statement of objection is filed.

(3.) Petitioners in the present petition have alleged that respondents 2 and 3 have been mismanaging the firm and they have failed to maintain the accounts of the firm as required under the partnership deed. Petitioners therefore issued a notice on 28/4/2023 seeking to render the accounts and for dissolving the partnership forthwith. Respondents failed to reply. Therefore, petitioners claim that they were compelled to issue notice under Sec. 21 of the Act invoking arbitration clause and suggested the name of the arbitrator.