RAMADHAR SINGH PARTNER Vs. RAJ MANGAL SINGH

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Sec. 11 of the Arbitration and Conciliation Act, 1996 and seeking constitution of an Arbitral Tribunal for resolution of the dispute that has arisen in the matter in pursuance to a deed of partnership contemplating an arbitration provision, the application has been filed.

(2.) Before adverting to consider the dispute which is primarily between the applicant and Respondent No. 1, the objection raised by the learned counsel for Respondent No. 2, the Indian Oil Corporation should be considered.

(3.) Indian Oil Corporation is not a party to the arbitration agreement and, therefore, there is much force in the objection of the Corporation to say that they are not a necessary party in these proceedings and they cannot be subjected to any arbitration. For the present, in these proceedings under Sec. 11, Respondent No. 2 is not a necessary party, and, therefore, they are discharged from the proceedings.