NARENDRA SINGH Vs. ASHENDRA MISHRA AND ORS.

JUDGEMENT

(1.) By this application u/S.11(6) of the Arbitration and Conciliation Act, 1996 the prayer has been made for appointment of independent Arbitrator for resolving the dispute between the parties.

(2.) The case of the applicant is that the applicant and the respondent are in partnership in a partnership firm working in the name and style of M/s.Kautilya Academy. The partnership firm undertakes the coaching activity and prepares the students for participating and clearing the competitive examinations like UPSC, MPPSC, Sub Inspector, Bank, PO Examinations etc. Further case of the applicant is that the petitioner and respondents are working as partnership and doing the coaching activity since 2003 and in the year 2008, the terms of partnership were decided and the partnership deed dated 3/1/2008 was executed and as per the partnership deed, each of the partner has 1/3 share. Further case of the applicant is that the partnership deed contains the arbitration clause and the respondents had acted in violation of the clauses of the partnership deed and have indulged in siphoning the funds and business of the Firm. It has been alleged that the respondents have opened a number of parallel coaching institute and have allotted unauthorized franchisees of Kautilya Academy without the consent of the applicant and that the resembling trade marks have frivolously got registered in the name of the respondent No.2. The applicant had given the notice dated 9/3/2018 to the respondents for appointment of the Arbitrator and by the reply dated 24/3/2018 the respondent No.2 had denied the agreement itself, hence the present application has been filed.

(3.) The respondent No.2 has filed the reply denying the execution of any such partnership deed or doing the business in the name of the partnership deed. The documents filed along with the application have been denied as false and fabricated and a plea has also been raised that the clause in the deed is not an arbitration clause and there are serious allegation of forgery and fraud which cannot be decided by the Arbitrator and the civil suit is already pending.