RAMKHELAWAN MISTRY Vs. RABINDRA KUMAR GHOSE

JUDGEMENT

(1.) IT seems to me that the arbitration agreement between the parties has got to become abortive because of some lacuna in the Arbitration Act not empowering the Court to appoint an arbitrator in a situation like this. The petitioner as well as the two opposite parties entered into a partnership agreement (exhibit 1) to carry on certain business in partnership. Clause 14 of the agreement provides:

(2.) IN my opinion, the view of the court that Section 9 of the Arbitration Act is applicable to this case is wrong. This section reads as follows: