NAMRATA SEN Vs. CAPTAIN SAURABH CHAUHAN (RETD )

JUDGEMENT

(1.) This arbitration application has been filed by the applicant under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.

(2.) The case of the applicant in brief is that there was an original partnership agreement between the maternal grand-mother of the applicant, namely, Smt. Reva Rautela, and her brother i.e. the respondent on 18.12006. The partnership was for running a hotel in the name and style of "Reva Retreat" at "Bhowali", district Nainital. Admittedly, this partnership deed is a document which is duly registered. During the course of hearing this document was also produced before this Court by the respondent, and was perused by this Court. On 06.06.2008, the present applicant was inducted as one of the partners in the firm and since then she claims to be a partner of the firm. It is again an admitted fact that the supplementary partnership deed dated 06.06.2008 was never registered. Smt. Reva Rautela, the maternal grandmother of the applicant and the respondent, passed away on 16.10.2014. Thereafter certain dispute arose between the applicant and the respondent, who are sister and brother, respectively. The applicant moved an application before the respondent for appointment of an arbitrator, on which no action was taken and consequently the applicant became constrained to file the present arbitration application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator.

(3.) Counter affidavit and rejoinder affidavit have been filed. Parties have been heard at length at various points of time.