ARUN NIRULA Vs. VIDYA GANDHI

JUDGEMENT

(1.) By this petition under Section 11 of the Arbitration & Conciliation Act, 1996, petitioner Dr.Arun Nirula is seeking appointment of an arbitrator to adjudicate upon the disputes with the respondents in terms of the agreement dated 25.10.1996.

(2.) Facts in brief are as follows: On 25.10.1996, petitioner entered into a partnership with the respondents, to carry on business for running guest house under the name and style of M/s.Ringo Guest House at Flat No.17, Scindia House, Connaught Place, New Delhi-110 001; and he was inducted as a partner in place of Smt.Shubh Nirula. The agreement inter alia provided that in case of any dispute amongst the parties in respect of this deed, same shall be decided by an arbitrator. Clause 22 of the Agreement in question reads as under: That in case of any dispute between the parties in respect of this Deed or in respect of any matter relating to the Partnership Business, the same shall be decided by an Arbitrator under the Provisions of Indian ARBITRATION ACT, 1940.?

(3.) It is pleaded that petitioner inter alia filed a suit (Suit No.565/2002) against the respondents, which was dismissed vide order dated 20.3.2003 by Hon'ble Mr.Justice J.D.Kapoor (as his Lordship then was), holding that as per arbitration clause the Arbitrator is to be appointed and the disputes can be resolved only through the arbitration; and parties were directed to appoint an Arbitrator within one month. Respondents have filed a reply, opposing the prayer for appointment of the Arbitrator.