RAMAKANT FAKIRA NAGARE Vs. SAGAR DAIRY

JUDGEMENT

(1.) By this Arbitration Petition, the Petitioner is seeking appointment of Sole Arbitrator under Sec. 11 of the Arbitration and Conciliation Act , 1996 to adjudicate upon the dispute arising out of Partnership Deed dtd. 28/10/1999.

(2.) Prior to the filing of this Petition, the Arbitration Petition No.70 of 2015 had been filed by the Petitioner under Sec. 11 of the Act. By order dtd. 15/7/2016, this Court had appointed an Arbitrator namely Shri P.L. Joshi, Former District and Sessions Judge as Sole Arbitrator. This Court had noted that there is no dispute that the Arbitration Agreement exists between the parties. Thereafter, the statement of Claim was filed by the Claimant in the year 2020 and was accepted by the learned Arbitrator. The Respondent was to file their statement of defence and prior to filing of statement of defence, an Application was made in October, 2020 wherein it was claimed that the learned Arbitrator had expired in the year 2018 and in view of no extension of mandate, the Arbitration proceeding came to an end.

(3.) It is noted that prior to the hearing of the Application of the Respondent filed in October, 2020, the learned Arbitrator appointed by this Court vide order dtd. 15/7/2016 had expired. In view of the passing away of the learned Arbitrator appointed by this Court, the present Arbitration Petition has been filed under Sec. 11 of the Act for appointment of substitute Arbitrator.