PREM LATA KAPOOR Vs. Y N KAPOOR

JUDGEMENT

(1.) This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. The relevant facts in brief are as under

(2.) The husband of the applicant and the respondent were real brothers and were carrying on a partnership business in the name and style of M/s. Radha Kishan Sri Kishan Das from their property no. 4978, Rui Mandi , Sadar Bazar, Delhi. The suit property devolved upon the above two brothers/partners and jointly used as partnership property for the aforesaid partnership business. On, the sudden demise of Shri R.C. Kapoor, the plaintiff was admitted and substituted as a partner and a partnership deed dated 23/12/1996 was executed between her and the respondent.

(3.) However at the time of execution of the said partnership deed between the parties, final balance sheet and profit an,d loss account of the dissolved firm as on 1 6/12/1996 was prepared and accepted as correct by both the parties. The credit balance standing in the name of the deceased Mr. R.C. Kapoor was/transferred to the account of the applicant. But no copy of the accounts has ever been given by the respondent to the applicant.