HEMLATA JAIN Vs. PADMAVATI ANALKUMAR MISHRA

JUDGEMENT

(1.) This application is filed under Sec. 11(6) of the Arbitration and Conciliation Act , 1996 (for short, 'the Act') seeking for appointment of an arbitrator.

(2.) Petitioner and respondent Nos.1 to 3 entered into a Partnership Agreement on 10/12/2018 for carrying on the business of manufacturing, trading, import and export, to act as distributor agent, consignment agent of chemical fertilizers, Bio-fertilizers, organic fertilizers etc. and other activities as more fully described in the Deed of Partnership. The partnership firm was having its registered office at Vadodara. On account of certain disputes having arisen between partners in respect of the said Partnership Deed resulted in a notice dtd. 3/2/2021 being issued by the second respondent to petitioner for settling the dispute and differences amicably. Under the said notice, second respondent had indicated that the parties should express their intention within 15 days to settle the above disputes and differences. On account of there being no such settlement arrived at, petitioner got issued a notice on 23/3/2021 invoking the arbitration clause referred to in the Partnership Deed dtd. 10/12/2018 by nominating Mr.Abhishek Kukkar as the sole arbitrator to adjudicate the dispute and differences which had arisen between parties under the Partnership Deed dtd. 10/12/2018 and sought for the concurrence of the respondents namely other partners of the firm. On account of there being no concurrence and averments made in the notice having been denied by respondent Nos.1 and 3, petitioner has approached this Court for appointment of an arbitrator.

(3.) I have heard the arguments of Shri Maulik Nanavati, learned counsel appearing for petitioner, Mr.Shakti Jadeja, learned counsel appearing for respondent No.1 and Mr.Darshankumar Kabra, learned counsel appearing for respondent No.3.