SHAHNAZ BEGUM Vs. MOHD NASEEM & ORS

JUDGEMENT

(1.) The present petition by Mst. Shahnaz Begum has been preferred under Section 14 of the Arbitration and Conciliation Act, 1996 for termination of the mandate of the Sole Arbitrator, Sh. L.N. Malik, Chartered Accountant, and seeks substitution of the said Arbitrator. The prayers sought in the present petition are as under:-

(2.) The background of the disputes that arise in the present application are that one M/s. Baba Shahabuddin & Co. was established in the year 1949 by Late Mr. Babu Shahabuddin, who had four sons namely, Sheikh Noor Mohammad, Sheikh Dost Mohammad, Sheikh Ghosh Mohammad and Sheikh Faiz Mohammad. The partnership firm thus consisted of five partners. The firm was reconstituted from time to time due to the demise/retirement of various partners and as on 22nd December, 1997, the following were the partners:-

(3.) The Petitioner belongs to the branch of Sheikh Noor Mohammad and has signed the Family settlement. After his demise, his branch was represented by Sheikh Mohd Gulzar. Thereafter this branch was represented by Mohd. Iqbal. After the demise of Mohd. Iqbal in 2014, Mohd. Naseem started to represent this branch. The Petitioner has an objection to Mohd. Naseem's representation of the branch of Late Sheikh Noor Mohammad.