BHAMBRI DEVI Vs. MANJU SHARMA & ANOTHER

JUDGEMENT

(1.) This application under Sec. 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') has been filed by the applicant Smt. Bhambri Devi with the prayer to appoint sole arbitrator to resolve the dispute between the parties.

(2.) According to averments made in the application, a partnership deed was executed between the applicant Smt. Bhambri Devi and non-applicant No. 1, Smt. Manju Sharma on 15.01.2000 to run the business of manufacturing of small stabilizers, inverters, UPS and CVTs and other like electronic items in the name and style of 'M/s. Shiv Shakti Electronic'. Satish Kumar Sharma, non-applicant No. 2, husband of non-applicant No. 1, under the deceitful means and in fabricated manner, was handling all the works related to banks, purchasing and selling of the manufactured goods and all the money transactions. Not a single penny has been given/paid to the applicant by the non-applicants towards her share of profits since the execution of the partnership deed. Applicant has alleged that non-applicant No. 1 and 2, in a fraudulent and deceitful manner, got her signature on the blank papers and they have been using these papers for withdrawing the money from the bank. Worth of the movable, immovable, fixed assets and credit of the firm is more than 50 lacs, which has wrongly been undervalued by the non-applicants. Non-applicants have purchased number of plots at various places in their own names out of the profits of the firm. Applicant is an illiterate lady and does not know English. Applicant later came to know that non-applicants had prepared a forged agreement dated 14.09.2012 wherein applicant is shown to have given her consent to retire from the partnership firm. This fact came to her knowledge when a case was filed by non-applicants against the firm M/s. Shiv Shakti Industries, run by her husband Shri Prem Chand.

(3.) Learned counsel for the applicant contended that applicant sent a legal notice to non-applicants through her advocate by speed post on 19.12.2012, calling upon them to give the name of their nominated arbitrator within 10 days from the date of receipt of the notice where after the applicant was to give the name of her nominated arbitrator as per Clause 18 of the Partnership Deed. However, the non-applicants have so far not acted upon the notice and not indicated name of their nominated arbitrator. Hence, this application has been filed by the applicant.