PRAFUL A. MEHTA Vs. NAINESH M. GANDHI

JUDGEMENT

(1.) This is an application under Sec. 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator in terms of Arbitration Agreement embodied in a Deed of Partnership dtd. 19/6/2004. The firm is said to have been dissolved pursuant to notice dtd. 27/12/2018 and the applicant one of the partners has invoked arbitration vide letter dtd. 9/10/2019. Parties

(2.) The Applicant an individual claims as a partner of one J. P. Enterprises a partnership firm having its registered office in Mumbai. Respondent nos. 1 to 4 are said to have been the other partners of the firm at the material time. Respondent nos. 2 and 3 are also individuals. Respondent no. 3 however is Karta and Manager of Dhiren N. Mehta HUF, Respondent no. 4 is a limited company. All of whom are partners of the firms.

(3.) It is the Applicant's case that the firm was initially constituted on 19/6/2004 for carrying out the business of construction and development of immovable property. Clause 23 of this deed of 19/6/2004 contained an arbitration clause which provides for reference to Arbitrators nominated by parties and a tribunal constituted under the provisions of the Arbitration and Conciliation Act.