ANJU TAKYAR Vs. H C TAKYAR

JUDGEMENT

(1.) The abovenamed petitioner has filed this application under Section 8 read with Section 11 of the Arbitration and Conciliation Act, 1996 (for short the "Act") seeking reference of the disputes between the parties to arbitration and for appointment of an Arbitrator. The application has been made with the averments and allegations that a partnership firm by the name and description of M/s. Paramount Builders was constituted by following six partners on 28.1.1986: (i) Late Sh. S.R. Takyar, grand father of the petitioner and respondent No. 2 and the father of respondent No. 1. (who died on 28.5.1998) (ii) Sh. Harish Chander Takyar, respondent No. 1; (iii) Mrs. Shikha Takyar, respondent No. 2; (iv) Sh. J.R. Kochar respondent No. 3; (v) Smt. Shailja Kochar, respondent No. 4; and (vi) Anju Takyar, petitioner.

(2.) The petitioner's name appears at Serial No. 6 in the said partnership deed. The partnership deed dated 28.1.1986, inter alia contains an arbitration agreement in Clause (13), which is to the following effect:

(3.) It is alleged that the disputes/differences arose between the parties in relation to the said partnership inasmuch as despite various requests, representations and demands made by the petitioner upon other partners, she has not been allowed inspection of the record and accounts of partnership firm. She invoked the arbitration agreement vide a communication dated 8.11.2002 and called upon the respondents to appoint the Arbitrator to settle the disputes/differences between the parties. The respondents having failed to take action, the petitioner filed the present petition.