ROSAMMA VARGHESE Vs. DAISY SHAJI

JUDGEMENT

(1.) This application is filed under Section 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 ("Act 3 of 2016" for short) seeking for an appointment of an arbitrator to resolve the disputes between the petitioner herein and the respondents. According to the petitioner, she and the 2nd respondent are partners of the firm M/s. Pee Jay Industries. The said firm was constituted as per Annexure-A2 partnership deed dated 1.9.2012. Clause 16(d) of the partnership deed provides that disputes if any between the partners shall be resolved by arbitration. It reads as follows:

(2.) Disputes arose between the petitioner herein which led to the petitioner issuing a notice invoking the arbitration clause. The respondent did not heed to the request of the petitioner to appoint sole arbitrator to resolve the dispute. It is in the above backdrop that the petitioner is before this Court seeking for appointment of an arbitrator.

(3.) Though notice was served on the respondents, there is no appearance.