NAMRATA SEN Vs. CAPTAIN SAURABH CHAUHAN

JUDGEMENT

(1.) This appeal, under Section 37 of the Arbitration and Conciliation Act, 1996, has been preferred against the order dated 20.01.2019 passed by Arbitral Tribunal (sole Arbitrator) in Arbitration Reference No. 47 of 2015 Mrs. Namrata Sen v. Captain Saurabh Chauhan (Retd.).

(2.) Factual matrix of the case is that the appellant filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, (for short, the Act) being Arbitration Application No. 47 of 2015 stating that a registered partnership deed dated 18.12.2006 was executed between the maternal grandmother of the appellant, namely, Smt. Reva Rautela and her brother i.e. the respondent Captain Saurabh Chauhan. The partnership was for running a hotel in the name and style "Rewa Retreat" at Bhowali, District Nainital. Thereafter, on 06.06.2008, by way of a supplementary partnership deed, the appellant herein Mrs. Namrata Sen was inducted as a partner in the firm. Since then the appellant claimed herself to be a partner of the firm. Maternal grandmother of the appellant, Smt. Reva Rautela passed away on 16.4.2014. Thereafter, certain dispute arose between the appellant and the respondent. The appellant moved an application before the respondent for appointment of an Arbitrator. As no heed was paid towards the request made by the appellant, appellant filed Arbitration Application numbered as No. 47 of 2015 under Section 11(6) of the Act before this Court. Notices were issued to the respondent on the arbitration application. The respondent filed his reply denying the execution of supplementary partnership deed dated 06.06.2008 and contended that the appellant is not a partner in the firm. He further contended that the supplementary partnership deed is a forged and fabricated document. Having considered the rival submissions of learned counsel for the parties, as also in view of the fact that the respondent had admitted the applicant to be a partner of the firm in the assessment year 2010-11, 2011-12 and 2012-13 before the Income Tax Authorities, learned designated Judge, vide judgment dated 11.06.2018, allowed the arbitration application moved u/s 11 of the Act and appointed the sole Arbitrator Mr. Justice Irshad Hussain, Former Judge of this High Court, to adjudicate upon disputes arisen between the parties. Relevant paragraph of the judgment dated 11.06.2018 is extracted hereunder:-

(3.) Feeling aggrieved, the respondent preferred Special Leave to Petition (C) No. 25315/2018 before the Hon'ble Apex Court, which was dismissed by the Hon'ble Apex Court, vide judgment and order dated 28.09.2018.