P.MANI Vs. N.SENGODAN

JUDGEMENT

(1.) The petitioner has filed this Original Petition under Section 11 (6) of the Arbitration and Conciliation Act , 1996, seeking for appointment of an Arbitrator to resolve the disputes between the petitioners and the respondents in accordance with Clause 12 of the Deed of Partnership dated 20.03.1996.

(2.) The petitioners and respondents are Partners in respect of a business running in the name and style of M/s.M.S.Brick Works at Kolathur, Mettur Taluk, Salem District. The petitioners sought for appointment of an Arbitrator as per Clause 12 of the Partnership Deed agreement and the same reads as follows: "12. ,...vernacular Text Omitted..."

(3.) The petitioners would state that a dispute arose between the parties due to the intervention of the third respondent, who is none other than the son of the respondents 1 and 2. The respondents, on 02.02.2018, instituted a Civil Suit in O.S.No.32 of 2018 before the Sub Court, Mettur and obtained an order of interim injunction on 03.02.2018. The petitioners filed an application under Section 8(i) of the Arbitration and Conciliation Act , 1996 (shortly "the Act") quoting Clause 12 of the Partnership Deed which provides for arbitration. Since there is no Presiding Officer for that Court, the petition filed under Section 8 of the Act could not be decided so far. Thereafter, the petitioner approached this Court for appointment of an Arbitrator.