DILIP KUMAR CHOUDHARY Vs. DHARAMPAL CHOUDHARY

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellant/applicant under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 ('Act of 1996') seeking appointment of an arbitrator at an early date for resolving of the disputes by way of arbitration. Certain other ancillary relief(s) have also been sought by the appellants.

(2.) Briefly stated, the facts of the case are that a partnership firm, had been created vide the deed of partnership dtd. 29/6/2019 (Annex.2) between the three parties, respondent no.1, Dharampal Choudhary, appellant/applicant who is the real son of respondent no. 1 and respondent no. 2, Punesh Choudhary, who is the step-son of respondent no. 2, for the business and property including the petroleum outlet in the name and style of Choudhary Petroleum House' located at Balicha NH-8, Udaipur and commercial space admeasuring 46,000 sq. ft. at Balicha, Udaipur, building and machinery including tank, lorry motor bike, on the basis of the family settlement dtd. 29/6/2019 (Annex.1), which bears the signatures of all the family members. According to the said settlement, three parties, appellant/applicant, respondent no.1 and 2 had a share of profit and loss in the ratio 10:45:45 respectively and for the purpose of the same, appellant/applicant and respondent no. 2 deposited a sum of Rs.1.00 crores jointly to respondent no. 1, to do their part. 2. By virtue of the said partnership deed (Annex.2), the entire property of the proprietorship firm, i.e. Choudhary Petroleum House including the petroleum outlet and the adjoining commercial space was brought in the partnership firm. Also, in the said partnership deed (Annex.2), clause 21 provided for the dispute resolution mechanism, wherein it was agreed by the parties that in case of any dispute between the partners, the same shall be resolved through mutual dialogue, failing which, the same would be referred to arbitration by a sole arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996.

(3.) The dispute between the two parties to the present appeal arose on account of an e-auction, which took place on 28/11/2023 subsequent to the default in payment made by respondent no. 1 towards a loan taken by him, wherein the property of Choudhary Petroleum House and the commercial space was offered as security. Vide the said auction dtd. 28/11/2023, the bank received Rs.4.5 crores for the said property and thereafter had to deduct the due loan money i.e. Rs.1,13,36,946.00 from the mentioned amount and disbursed the rest in accordance with the partnership-deed amongst the partners. Subsequently, when the appellant/applicant did not get his 45% of the share as per the partnership deed (Annex.2), he tried resolving the dispute through dialogue, however, the same failed.