(1.) Applicant has filed this application under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') for appointment of an arbitrator in the matter of alleged dispute between the parties to a contract providing for adjudication of disputes through the process of arbitration.
(2.) As pleaded by the applicant, M/s. Verma and Company, 214, Jaipur Road, Ajmer is a registered firm under the provisions of Indian Partnership Act, 1932 (hereinafter referred to as 'the Act of 1932'). After the death of one of the two partners namely; Dinesh Kumar Verma, his son Akshay Verma was admitted as partner w.e.f. 24/12/2013 and new partnership was constituted which came into existence vide partnership deed executed on 24/12/2013 between Sita Devi Verma and Akshay Verma, which is duly signed by each of them. Clause-9 of the partnership deed provided that all the disputes shall be settled by the arbitration according to the provisions of the Act of 1996.
(3.) On 14/3/2022, one of the partners Sita Devi Verma addressed a communication to the Branch Manager, Bank of Baroda stating therein that the accounts in the name of the firm be stopped/closed and she also informed that she had executed a Power of Attorney in the name of her son-in-law Atul Karel. The Branch Manager of the Bank informed the other partner Akshay Verma regrading letter of Sita Devi Verma for freezing of the accounts of the firm. On 21/3/2022, Akshay Verma replied that the firm had been a very old customer of the bank, therefore, no action or cognizance should be taken on the basis of the communication sent by the other partner Sita Devi Verma. This was followed by another communication dtd. 26/3/2022 through the advocate repeating request not to initiate any action or take cognizance of the communication sent to the bank by Sita Devi Verma. Sita Devi Verma again sent a letter on 21/4/2022 to the Branch Manager of the bank with a request to restart overdraft account of the firm in the name of M/s. Verma & Company.