SUMANTU VIRMANI Vs. S.K. KAPOOR

JUDGEMENT

(1.) I have heard learned counsels and proceed to dispose of the present arbitration application preferred by the applicant under Sec. 11(6) of the Arbitration and Conciliation Act, 1996.

(2.) The applicant has preferred the present application to seek appointment of an Arbitrator to resolve the dispute between the parties arising out of the partnership deed dtd. 1/1/1995 entered into between the parties. Clause 18 of the Agreement produced by the applicant contains the Arbitration Agreement and the same reads as follows:-

(3.) The case of the applicant is that the applicant was a party to the said partnership deed and he has been arrayed in the said partnership deed as party of the first part. The applicant claims that disputes have arisen between the parties to the Arbitration Agreement and consequently, the arbitration agreement was invoked on 1/12/2018 by the applicant. However, no arbitrator was appointed mutually by the parties under the said agreement. The applicant sent yet another notice invoking arbitration agreement on 23/11/2021. On this occasion, the notice was responded to by the respondents - Shri S.K. Kapoor, Dr. Satish Virmani, Smt. Shakuntla Virmani, Shri Vikram Virmani, Shri Amit Virmani, Smt. Lata Mehta and Smt. Richa Dhody.