SAROJ JOSHI Vs. KULSUM MALIK

JUDGEMENT

(1.) THIS is an arbitration application arising out of the partnership deed dt. 14.01.2009 (Anx. 1) executed between the parties, containing arbitration Clause 24. Briefly stated, the facts of the case, are that the partnership deed dt. 14.01.2009 (Anx. 1) was executed between the Applicant and the Non -applicant No. 1 to carry on the business in the name and style of M/s. KAYAKALP HERBALS BEAUTY CLINIC & INSTITUTE. The Non -applicant No. 1 with the mala fide intention to siphon off profits of the partnership firm and the money contributed by the Applicant i.e. Rs. 5 lacs by way of contribution to the partnership business and Rs. 21 lacs by way of loan, has ousted the Applicant from the partnership firm. The Non -applicant No. 1 has denied participation of the Applicant in the business of the partnership firm and is carrying on the business of the partnership firm unilaterally assuming herself as the sole proprietor of the business. Therefore, disputes and differences have arisen between the Applicant and the Non -applicant No. 1.

(2.) THE Applicant gave a legal notice dt. 11.05.2011 to resolve the aforesaid dispute. Then again, legal notice dt. 02.06.2011 (Anx. 6) was given for invoking the arbitration clause 24 contained in the partnership deed by sending a notice to the Non -applicant No. 1 seeking her consent for the appointment of the Sole Arbitrator Mr. P.K. Kasliwal, Advocate, 404, Pink Tower, Opposite Nehru Garden, Tonk Road, Jaipur to resolve the dispute through arbitration. The same was disapproved by the Non -applicant No. 1 and she suggested the name of Mr. Nahar Singh Maheshwari, Advocate.

(3.) COUNSEL for the Non -applicant submits that the Court may pass appropriate order.