MUKESH MAGANBHAI MAJITHIA Vs. KAUSHIKKUMAR NANUBHAI MAJITHIA

JUDGEMENT

(1.) As common question of fact and law arise in both the petitions and between the same parties and with respect to same dispute, both the petitions are disposed of by this common judgment and order.

(2.) Arbitration Petition No.14 of 2006 under section 11(6) of the Arbitration and Conciliation Act, 1996 has been preferred by the petitioners - Mukesh Maganbhai Majithia and others against respondents - herein who are applicants of Arbitration Petition No.28 of 2006 to appoint Sole Arbitrator to adjudicate, decide the difference and claim in connection with M/s.Babul Products an erstwhile partnership firm between the petitioners and respondents arising out of dissolution notice dated 09.02.2005. A similar request has been made by petitioners of Arbitration Petition No.28 of 2006 to appoint sole Arbitrator for resolving dispute between the petitioners and respondents.

(3.) Considering above, it appears that both the parties request to appoint sole Arbitrator for resolving dispute between parties more particularly dispute, differences and claims in connection with M/s.Babul Products. Considering averments in the applications and correspondence between the parties, it appears that respective parties have not been able to agree upon the name of sole Arbitrator and therefore, present petitions have been preferred by both the respective parties for appointment of sole Arbitrator.