JYOTI GUPTA Vs. KEWALSONS

JUDGEMENT

(1.) This petition under Section 11 of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner praying for appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Partnership Deed dated 15th May, 1974 read with supplementary deeds dated 31st March, 1992, 1st October, 1995 and 1st November, 2014 (collectively referred herein as 'Partnership Deed').

(2.) The respondents along with Late Sh.Shyam Gupta were partners in the partnership constituted by the above mentioned Partnership Deeds. He expired on 16th April, 2016, whereafter the petitioner invoked the arbitration agreement as contained in clause 15 of the Partnership Deed dated 15.05.1974 vide her notice dated 20th March, 2017.

(3.) The present petition was filed alleging that though various e- mails were exchanged between the parties pursuant to the invocation of the Arbitration Agreement, the Arbitrator was not appointed and the disputes were also not settled between the parties.