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Judgment
SACHIN DATTA, J. (ORAL)
The present petition has been filed by the petitioner under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter “the A&C Act”) seeking appointment of a sole arbitrator to adjudicate the disputes between the parties.
The disputes between the parties are stated to have arisen in connection with the affairs of a Limited Liability Partnership. The same was incorporated in terms of a LLP Agreement dated 11.04.2023.
Thereafter, a supplementary agreement dated 04.09.2023 was executed whereby the petitioner was inducted as a partner in the said LLP.
The Arbitration Clause as contained in the original LLP Agreement dated 11.04.2023 is in the following terms:
“63. All disputes between the partners or between the Partner and the LLP arising out of the limited liability partnership agreement which cannot be resolved in terms of this agreement shall be referred for arbitration as per the provisions of the Arbitration and Conciliation Act, 1996.”
The disputes between the parties arose whereupon the petitioner invoked the Arbitration Clause vide legal notice dated 29.01.2026. The same reads as under:
Since the respondents failed to appoint an arbitrator or respond to the aforesaid legal notice within the prescribed statutory period, the present petition has been filed.
A common reply has been filed by the respondents to the present petition.
After some hearing, it is agreed by respective counsel for the parties that since the existence of the arbitration agreement is not disputed, an independent sole arbitrator be appointed in these proceedings to adjudicate the disputes between the parties.
Accordingly, as jointly prayed, Mr. Syed Mehdi Imam, Advocate (Mobile No. +91 9810300950), is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.
The respondents shall be at liberty to raise preliminary objections as regards arbitrability/jurisdiction, if any, which shall be decided by the arbitrator, in accordance with law.
The learned Sole Arbitrator may proceed with the arbitration proceedings subject to furnishing to the parties the requisite disclosure as required under Section 12 of the A&C Act.
Let the arbitration take place under the aegis of and as per the rules of the Delhi International Arbitration Centre (DIAC).
All rights and contentions of the parties in relation to the claims/counter claims are kept open, to be decided by the learned Sole Arbitrator on merits, in accordance with law.
Needless to say, nothing in this order shall be construed as an expression of opinion of this court on the merits of the case.
The present petition stands disposed of in the above terms.