JAYESH M.GANDHI Vs. YOGENDRA N. THAKKAR

JUDGEMENT

(1.) BY this application under section 11(6) of the Arbitration and Conciliation Act, 1996, the applicant seeks appointment of an arbitrator on behalf of the respondent or in the alternative seeks that Mr.Justice S.K.Shah (retired) be appointed as a sole arbitrator to resolve the dispute which have arisen between the applicants and the respondent.

(2.) SOME of the relevant facts which have emerged from the pleadings filed by both the parties are as under:-

(3.) DURING the period between April 2000 and 2007, four partners out of nine retired. According to the applicants, the respondent who was entitle to 5% share in the net profit of the firm under the said deed of partnership dated 24th April, 2000, his share was increased to 13.97% in the profit and losses of the said firm by reason of the retirement or cessation of the other five partners.