SANJAY KUMAR SULTANIA Vs. RUCHI AGRAWAL

JUDGEMENT

(1.) This is an application under Sec. 11(5) of the Arbitration and Conciliation Act, 1996 (for short, the Act of 1996) for appointment of an Arbitrator.

(2.) Mr. Arjit Tiwari, learned counsel for the applicant submits that the applicant is the sole surviving partner of a partnership firm, namely, M/S. Shree Siddhivinayak Buildcon, registered on 20/11/2015 at Bilaspur, Chhattisgarh whose certificate of registration of Firm under Sec. 58(1) of the Partnership Act, 1932 was issued by the Registrar of the Firm on 20/11/2015. On 16/9/2014, a partnership deed was executed amongst Late Mr. Vijay Kumar Agrawal, Chandan Agrawal and the applicant, however, this partnership deed was short-lived owing to the exit of Shri Chandan Agrawal, and therefore, another deed of partnership came into effect between Late Mr. Vijay Kumar Agrawal and the applicant from 9/3/2015. Since the partnership which originated with the three partners vide the first partnership deed was reconstituted on 9/3/2015 i.e., approximately within six months, and therefore, the same was not registered with the Registrar of Firms.

(3.) Mr. Tiwari further submits that the respondent No. 1 is the wife of one of the erstwhile partners of the partnership firm namely Late Mr. Vijay Kumar Agrawal who died on 14/1/2022, and respondent No. 2 to 4 are the daughters/son of respondent No. 1 and Late Mr. Vijay Kumar Agrawal who jointly holds a pious obligation to repay the liability of Late Mr. Vijay Kumar Agrawal to the limited extent of inheriting the property of Late Mr. Vijay Kumar Agrawal on his death. As such, they have been arrayed as party in terms of Sec. 40 of Act of 1996.