(1.) The present petition has been filed under Sec. 11 (6) of the Arbitration and Conciliation Act' 1996 (for short, 'the Act' 1996') seeking for appointment of arbitrator in a dispute between the two sets of partners of the partnership firm 'Uday Developers".
(2.) There is a strong opposition on the part of the respondents to refer the dispute to the arbitrator on the ground that there are criminal complaints against the petitioners and a First Information Report has been lodged after the order dtd. 10/7/2022 passed by the competent magistrate under Sec. 156 (3) of the Code of Criminal Procedure under Ss. 406, 409 and 420 etc. of the Indian Penal Code. The contention is that criminal allegations against the petitioners would have a serious implication in the public domain as they permeate to the entire contract making the dispute non-arbitrable.
(3.) Noticing the context, in brief, this Court may take note of certain relevant facts.