CHOUDHARI FOOD INDUSTRIES Vs. AHMEDNAGAR DISTRICT GOAD REARING AND PROCESSING CO-OPERATIVE FEDERATION LTD

JUDGEMENT

(1.) Heard Mr. Patni, learned Counsel for the applicant and Mr. Sushant Dixit, learned Counsel for the non applicant. There is no dispute regarding execution of an agreement dated 27.10.2015 between the non-applicant and M/s Choudhari Food Industries, a Partnership Firm, of which the applicant herein namely Rajesh Madhavrao Chaudhari, was the partner. It is not disputed, that the agreement contains an arbitration clause 16, which is as under :

(2.) Since there was a dispute between the parties, a notice was given on 29.01.2020 by the applicant invoking the arbitration clause, which was not replied to, as a result of which the present application has been filed for appointment of an Arbitrator.

(3.) The application is opposed by Mr. S.V. Dixit, learned Counsel for the non-applicant on several grounds as under :