RAJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present is an application filed under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act of 1996') for appointment of a sole arbitrator.

(2.) The case of the applicant is that partnership deed dtd. 9/8/2020 (Annex.2) was executed between her father Rakesh Kumar Jain and his nephew Siddharth Jain. Her father Rakesh Kumar Jain expired on 8/4/2021 and she being the daughter of deceased Rakesh Kumar Jain, vide letter dtd. 19/5/2021 (Annex.3), called upon non applicant No.2 to induct her in the partnership firm in place of her father. The said request was not acceded to and hence, the applicant invoked clause No.14 of the deed/agreement, the same being an arbitration clause.

(3.) Notice dtd. 28/9/2022 (Annex. 4) was served upon non applicants calling upon to give consent on the name of the arbitrator as suggested by the applicant.