NARESH KUMAR LAMBA Vs. ASHOK KUMAR LAMBA

JUDGEMENT

(1.) THE petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an Arbitrator. Various facts have been stated in the petition.

(2.) THE relevant facts, which are necessary to decide the present petition, are that a letter dated 31 st October, 2011 was issued by the petitioner through counsel addressed to the two respondents, namely, Ashok Kumar Lamba and Sunil Kumar Lamba to appoint an Arbitrator to solve the disputes in the partnership between the petitioner and the respondents within one month after receiving the said notice. The petitioner has also referred Clause 17 of the Partnership Deed wherein a clause of arbitration to appoint an Arbitrator in case of disputes between the parties, the Arbitrator could be appointed by the majority of the partners, thus the said notice was issued. Respondents No.1 & 2, admittedly, received the notice issued by the petitioner who gave the reply dated 11 th November, 2011 informing the petitioner having appointed Sh.Hukum Chand as a sole Arbitrator to adjudicate upon the disputes between them.

(3.) A Division Bench of this Court in the case reported in 2011 (5) R.A.J. 7 Delhi, Progressive Career Academy Pvt. Ltd. Vs. FIIT JEE Ltd. held as under: