HARI OM SHARMA Vs. SAUMAN KUMAR CHATTERJEE

JUDGEMENT

(1.) The Petition bearing O.M.P. (COMM) 381/2017 under Sec. 34 of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the Claimant, Hari Om Sharma, partner seeking to challenge the Award dtd. 28/4/2017 and the corrected Award dtd. 1/7/2017 vide which the learned Arbitrator has decided the claims of the Claimant in Arbitration proceedings pertaining to their partnership Firms M/s Ashika Textiles and Classic Processors.

(2.) The facts in brief are that the Claimant/petitioner, Mr. Hari Om Sharma and Mr. Sauman Kumar Chatterjee, and Mr. S.K. Malhotra, the respondent No.1& 2 respectively, constituted M/s Ashika Textiles, the Partnership Firm at Will, by executing a Partnership Deed on 12/5/1995 in Sahibabad, Ghaziabad, Uttar Pradesh having its Head Office in Delhi. The second Partnership Firm in the name of Ashika Textiles House was constituted in the year 1999 by the same partners but it was closed in the year 2000 itself under the Orders of the Hon'ble Supreme Court of India, in regard to the Polluting industries. After the closure of M/s Ashika Textiles House, the third Partnership Firm at Will, namely, Classic Processors was constituted on 19/12/2000 at Sahibabad, Ghaziabad, Uttar Pradesh having its Head Office at Delhi. The job work had been commenced under the Partnership Firm in June, 2001.

(3.) Eventually, the Two Firms closed their business on 31/7/2003. Thereafter, disputes arose interse the Partners. The petitioner served a Legal Notice dtd. 27/10/2004. With further facts that came to his knowledge till 1/8/2005, the Claimant served second Legal Notice dtd. 1/8/2005 and also made his Claims. On receiving a Reply dtd. 16/8/2005 from the respondents, the petitioner then issued the third Legal Notice dtd. 29/8/2005 for seeking redressal of his Disputes through Arbitration. The respondents gave their consent only in the case of Ashika Textiles and refused in the case of Classic Processors, on the false averment of there being No Arbitration Clause in the Partnership Deed.