MUSKULA RAM REDDY Vs. P.RANGA REDDY

JUDGEMENT

(1.) This Arbitration Application under Section 11 of the Arbitration and Conciliation Act, 1996 (for brevity "the Act") is filed by the applicant seeking appointment of an Arbitrator for resolution of the disputes between the applicant and the respondents covered by the Amended Deed of Partnership Firm dt.28.12.2007.

(2.) The case of the applicant is that a Partnership Firm in the name and style of "Vision Estates" was constituted under a registered Partnership Deed dt.24.06.2006 executed between the parties, duly registered with the Registrar of Firms, Hyderabad. Subsequently, the said Deed of Partnership Firm was amended vide Amended Deed of Partnership Firm dt.28.12.2007, by virtue of which some disputes arose between the parties. As such, the applicant as well as respondent Nos.5 to 8 issued a Legal Notice dt.17.08.2014 to respondent Nos.1 to 4 invoking the provision under Section 11 of the Act, to which respondent Nos.1 to 4 have replied by way of a reply Notice dt.17.09.2014 stating that the disputes have already been settled between the parties and, as such, the question of going for arbitration does not arise. Aggrieved by the same, the applicant has filed the present Arbitration Application.

(3.) Learned counsel for the applicant submits that when the applicant and respondent Nos.5 to 8 have invoked the Arbitration Clause contained in the Amended Deed of Partnership Firm dt.28.12.2007, instead of agreeing for arbitration, the respondents are refusing for the same. He, therefore, requests that necessary orders be passed in the present application.