VANITA GAMBHIR Vs. DISTRICT JUDGE DELHI

JUDGEMENT

(1.) Petitioners' applications under Sections 11 and 9 of the Arbitration & Conciliation Act, 1996 have been dismissed for being barred by Section 69 of the Indian PARTNERSHIP ACT, 1932 by impugned order dated 2.9.2002 passed in Suit No. 65/2002 giving rise to this petition.

(2.) Petitioners had filed these applications before learned Additional District Judge for appointment of arbitrator under Section 11 and for appointment of receiver under Section 9 of the Act as a temporary interim measure. Their case was that private respondents 2 to 6 had inducted them in partnership vide Partnership Deed dated 30.9.2000 pursuant whereto they had contributed their share capital but these respondents had then in breach of the terms of Partnership prevented them from having any excess to books/ registers of partnership firm, had issued cheques without obtaining their signatures, had failed to maintain any statement of accounts and had deprived them from the profits and so on. The disputes had thus arisen and a notice was served on them invoking the arbitration clause in the Partnership Deed and informing them that they had appointed one Mr.S.Bahl, Chartered Accountant as their arbitrator. They were also required to appoint an arbitrator to adjudicate upon the disputes/differences that had arisen within 30 days of the receipt of the notice but they had failed.

(3.) Petitioners accordingly prayed in their application under Section 11 as under: -