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HIGH COURT OF DELHI
ARB.P. 109/2011
ABDUL AZIZ & ANOTHER Petitioners
Through: Mr. Kanishk Ahuja, Advocate.
HIGH COURT OF DELHI
ARB.P. 109/2011
ABDUL AZIZ & ANOTHER Petitioners
Through: Mr. Kanishk Ahuja, Advocate.
VERSUS
SHAFIQUR REHMAN &ANOTHER Respondents
Through: Mr. Aly Mirza, Advocate. r
Through: Mr. Aly Mirza, Advocate. r
CORAM:
HON BLE MR. JUSTICE VIPIN SANGHI
27.07.2011 this is a petition under Section 11 of the Arbitration &
Conciliation Act, 1996 to seek the appointment of a Sole Arbitrator to resolve the disputes which have arisen between the parties in relation to and arising out of the partnership deed dated 18.06.1993. Clause
16 of the partnership deed provides that in case of any dispute arising out of partnership deed is not resolved, the same shall be referred to arbitration under the Arbitration Act.
Upon issuance of notice, the respondents have filed its reply.
The submission of Mr. Aly Mirza, learned counsel for the respondents, is that another partnership deed was entered into between Sh. Abdul
Aziz (petitioner No. 1), Smt. Jannat Bi (petitioner No. 2), Sh. Shafiqur
Rehman (respondent No. 1) and Sh. Nafis Ahmed.
I may note that while Sh. Abdul Aziz and Smt. Jannat Bi are petitioners in the present petition and Sh. Shafiqur Rehman is
2011:DHC:6798 I respondent No.l, Sh. Nafis Ahmed is not a party to these proceedings and is not a partner of the partnership firm ivi/s Abdul Rehamn Abdul
Aziz, which was formed by the partnership deed dated 18.06.1993.
Mr. Mirza submits that partnership deed dated 01.04.1996 in relation to M/s Gulshan Tin Store had a named Arbitrator. The respondents have not invoked the arbitration agreement in respect of the said partnership deed.
Since the present petition pertains only to partnership deed dated 18.06.1993 entered into between the petitioners and respondent
No. 1 and the said partnership deed contains its own arbitration agreement, unrelated to the arbitration agreement contained in the other partnership deed dated 01.04.1996 in relation to M/s Gulshan Tin
Store, in my view, the petitioners are entitled to seek the appointment of Sole Arbitrator by reference to Clause 16 of the partnership deed dated 18.06.1993.
Accordingly, I allow this petition and appoint Mr. Dinesh Agnani, Advocate, as the Sole Arbitrator. The learned Arbitrator may fix his own fees, subject to a ceiling of Rs.3 Lakhs, to be shared equally by the parties.
A copy of this order be communicated to the learned Arbitrator.
The petition stands disposed of.
VIPIN SANGHI, J
JULY 27, 2011/bsr' —
2011:DHC:6798
27.07.2011 this is a petition under Section 11 of the Arbitration &
Conciliation Act, 1996 to seek the appointment of a Sole Arbitrator to resolve the disputes which have arisen between the parties in relation to and arising out of the partnership deed dated 18.06.1993. Clause
16 of the partnership deed provides that in case of any dispute arising out of partnership deed is not resolved, the same shall be referred to arbitration under the Arbitration Act.
Upon issuance of notice, the respondents have filed its reply.
The submission of Mr. Aly Mirza, learned counsel for the respondents, is that another partnership deed was entered into between Sh. Abdul
Aziz (petitioner No. 1), Smt. Jannat Bi (petitioner No. 2), Sh. Shafiqur
Rehman (respondent No. 1) and Sh. Nafis Ahmed.
I may note that while Sh. Abdul Aziz and Smt. Jannat Bi are petitioners in the present petition and Sh. Shafiqur Rehman is
2011:DHC:6798 I respondent No.l, Sh. Nafis Ahmed is not a party to these proceedings and is not a partner of the partnership firm ivi/s Abdul Rehamn Abdul
Aziz, which was formed by the partnership deed dated 18.06.1993.
Mr. Mirza submits that partnership deed dated 01.04.1996 in relation to M/s Gulshan Tin Store had a named Arbitrator. The respondents have not invoked the arbitration agreement in respect of the said partnership deed.
Since the present petition pertains only to partnership deed dated 18.06.1993 entered into between the petitioners and respondent
No. 1 and the said partnership deed contains its own arbitration agreement, unrelated to the arbitration agreement contained in the other partnership deed dated 01.04.1996 in relation to M/s Gulshan Tin
Store, in my view, the petitioners are entitled to seek the appointment of Sole Arbitrator by reference to Clause 16 of the partnership deed dated 18.06.1993.
Accordingly, I allow this petition and appoint Mr. Dinesh Agnani, Advocate, as the Sole Arbitrator. The learned Arbitrator may fix his own fees, subject to a ceiling of Rs.3 Lakhs, to be shared equally by the parties.
A copy of this order be communicated to the learned Arbitrator.
The petition stands disposed of.
VIPIN SANGHI, J
JULY 27, 2011/bsr' —
2011:DHC:6798
JUDGMENT