MOHD TARIQ USMANI Vs. JEETENDER PAL

JUDGEMENT

(1.) The petitioner has filed the present petition under Ss. 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act ') praying that the mandate of the Arbitrator, one Mr Manoj Kumar Verma, be terminated as he was unilaterally appointed by the respondent. The petitioner further prays that another arbitrator be appointed in his place.

(2.) There is no dispute that the said Arbitrator was appointed unilaterally by the respondent to adjudicate the disputes that have arisen between the parties in connection with a Partnership Deed dtd. 1/5/2018 (hereafter 'the Partnership Deed '). In terms of the Partnership Deed, the petitioner and respondent had agreed that the business of the firm shall be carried out under the name - M/s Ocean Exim India (respondent no.2).

(3.) On 14/1/2020, respondent no. 1 issued a legal notice to the petitioner and respondent no. 2 invoking the arbitration agreement (Clause 12 of the Partnership Deed) and further appointed Mr Manoj Kumar as the Sole Arbitrator. The petitioner responded to the said notice by a letter dtd. 3/3/2020/5/3/2020 sent by his advocate.