MOHAMMED AHMED ALI KHAN Vs. CANDY CHILDRENS HOSPITAL

JUDGEMENT

(1.) Dr.Mohammed Ahmed Ali Khan is the applicant in Arb.A.No.120 of 2017 filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for brevity, 'the Act of 1996'). He seeks appointment of a sole Arbitrator to resolve his claim for a sum of Rs.1,00,00,000/- raised against M/s.Candy Children's Hospital, Hyderabad; Dr.Altaf Naseem; and Dr.Syed Tanweer Ahmed, the respondents therein.

(2.) Mrs.Elmeera Siddiqi, w/o. Dr.Mohammed Ahmed Ali Khan, is the applicant in Arb.A.No.40 of 2018. She filed this application under Section 11(5) of the Act of 1996 seeking appointment of a sole Arbitrator to resolve her claim for a sum of Rs.30,00,000/- raised against Dr.Altaf Naseem and Mrs.Farah Nishanth, the respondents therein.

(3.) The case of the applicant in Arb.A.No.120 of 2017 is as follows: Respondents 2 and 3 and he constituted a registered partnership firm under Partnership Deed dated 14.05.2012. Differences having arisen between them, a Memorandum of Understanding (MoU) was executed on 30.01.2015. As the parties were unable even then to continue with the business amicably, the applicant issued letter dated 30.05.2017 dissolving the partnership. However, the disputes persisted and civil and criminal cases came to be filed in relation thereto. As Clause 18 of the Partnership Deed dated 14.05.2012 provided that any dispute arising between the partners in respect of the partnership or its affairs, touching upon the construction or interpretation of any matter of the partnership deed, should be referred to arbitration in accordance with the law of Arbitration in force, the applicant sent legal notice dated 31.07.2017 calling upon the respondents to agree to appointment of a named retired District Judge as the sole Arbitrator. The notice was received by respondents 2 and 3 on 03.08.2017 and 04.08.2017 respectively but neither of them chose to reply. In these circumstances, the applicant approached this Court.