ASHOK KUMAR MALIK Vs. VIMLA MANCHANDA

JUDGEMENT

(1.) Petitioner Shri Ashok Kumar Malik has filed this petition under Section 8, read with Section 20 of the Indian Arbitration Act, 1940, seeking appointment of Shri S.K. Choudhury, Advocate, as an arbitrator and reference of the disputes with the respondent for arbitration to the said Shri S.K. Choudhury. It is further prayed that in the event of the respondent not agreeing to the appointment of Shri S.K. Choudhury as the arbitrator, any other independent person may be appointed as the arbitrator by the Court.

(2.) Petitioner is stated to have entered into a partnership with the respondent Smt. Vimla Manchanda, under the name and style of M/s.Aastha (India) International. A partnership deed dated 1.7.1989 was executed between the parties. The said partnership deed was one at will and could be dissolved at any time with the mutual consent of the parties. The partnership deed also contained an arbitration clause in the following terms;

(3.) As per the petitioner, the firm had suffered losses and activities of the firm were almost stopped since April, 1991. Disputes had arisen with the respondent. Petitioner, accordingly, served a notice dated 23.6.1993, for dissolution of the firm. Petitioner by the said notice also nominated Sh .S .K Chaudhary as the Arbitrator for settlement of disputes between the parties and requested for the consent of the respondent. Respondent did not reply to the said notice.