YOGESH KUMAR GUPTA Vs. ANURADHA RANGRAJAN

JUDGEMENT

(1.) This arbitration application has been filed by the petitioner under Section 11 of the Arbitration & Conciliation Act, 1996 (the Act) seeking appointment of an arbitrator to refer the petitioner's claim to arbitration.

(2.) It is not in dispute that the parties were running a partnership business under the name and style of M/s. Kreative Ambience vide a partnership deed dated 30-10-97. This partnership deed contained an arbitration agreement in Clauses No. 16 and 17, whereunder disputes arising between the parties were mutually agreed to be referred to one arbitrator, agreeable to both the parties.

(3.) It appears that disputes arose between the parties and the respondent initially issued a notice of dissolution on 27-03-2002 purporting to dissolve the partnership firm with effect from the said date. The respondent sought the settlement of accounts of the partnership firm and demanded payment of 50% share out of the proceeds and assets of the partnership firm. In para 12 of the notice, the respondent enlisted various machineries and equipments belonging to the partnership firm and desired that the value of the items be quantified and the proceeds shared equally between the partners.