JAYENDRA S SHAH Vs. MUKUND SOMCHAND SHAH

JUDGEMENT

(1.) This pelition is filed by the petitioner under Section 11 of the Arbitration and Conciliation Act. 1996 (hereinafter referred to as "the Act") for appointment of arbitrator.

(2.) The case of the petitioner was that he entered into a partnership agreement with the respondent by a deed of partnership dated April 3, 1992 in the name and style of Mukund Brass Industries. Clause 14 of the Partnership Deed provided that in case of any difference or dispute mentioned therein, the same would be settled through arbitration proceedings in accordance with the provisions of the Act. as applicable to such proceedings.

(3.) According to the petitioner, since dispute had arisen between the parties, he issued a notice on August 4. 1998 to refer the dispute to arbitrator. The respondent, however, failed to refer the matter to arbitrator and hence, the petition.