SH DEEPAK KHANNA Vs. PANDIT BRO

JUDGEMENT

(1.) THIS is a petition under Section 11 (6) of the Arbitration and conciliation Act, 1996 (hereinafter called "the Act") for referring the counter-claims raised by the petitioner to the named Arbitrator Ms. Justice Usha Mehra (Retd.), who was appointed by agreement of the other parties to these proceedings and has entered upon reference. The facts necessary for deciding this petition are briefly stated below:-

(2.) IN 1992, apparently a partnership deed was executed and it reconstituted an existing firm "m/s. Pandit Bros. ". The terms of the partnership were again changed in 1998, when the firm was reconstituted; a fresh deed was drawn up on 13. 11. 1998. It was executed by nine parties. The said parties were:- <FRM>JUDGEMENT_140_ILRDLH17_2008Html1.htm</FRM>

(3.) THE deed (hereinafter referred to as 1998 deed) contained an arbitration clause, which reads as follows:-