CHITANURI VIJAY KUMAR Vs. SAMA CONSTRUCTIONS

JUDGEMENT

(1.) Heard Sri K. Prabhakar, learned counsel for the applicant, Sri Sushant Reddy, learned counsel appearing for respondent No. 2, Sri Peri Prabhakar, learned counsel appearing for respondent Nos. 6, 7, 8 and 10, Sri Vivek Jain, learned counsel appearing for respondent Nos. 4, 5 and 12 to 16, Sri S. Sharath Kumar, learned counsel appearing for respondent No. 9 and Sri D. Bharath Reddy, learned counsel appearing for respondent Nos. 11 and 17 to 19.

(2.) The present Arbitration Application is filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act, 1996') for appointment of a sole arbitrator to resolve the disputes between the parties. CONTENTIONS OF THE APPLICANT:-

(3.) A partnership deed dtd. 31/10/2003 was entered between Mr. Sama Narsimha Reddy/R.4 and his wife by name Smt. Sama Kalavathy Reddy, Mr. Sama Sunil Kumar Reddy/R.5, Mr. Kontam Janardhan Reddy and Late Mahender Bai Patel with an object to carry on business in real estate, acquiring lands, converting into residential plots, purchase and sale of plots, construction of building houses and sale and all types of contracts and incidental thereto in the name and style of 'M/s Sama Constructions'. The specific terms are mentioned therein. Thereafter, since two partners were retired and they have added some more partners including applicant herein, another partnership deed dtd. 24/5/2004 was entered. As per the said partnership deed, the applicant's share in the property and loss is 5%. A deed of retirement ' cum - re-constitution of partnership deed dtd. 31/3/2007 was entered because of retirement of some of the partners and induction of new partners. The terms and conditions are specifically mentioned therein. On 18/7/2015 another deed of retirement was entered in view of retirement of some of the partners and induction of new partners.