Neeta Mandal and Another vs Girish Sood and Another

Mukul Mudgal, C.J.—This petition has been filed by the petitioners u/s 11(6) of the Arbitration & Conciliation Act, 1996 (for short ''the Act), for appointment of a sole Arbitrator to adjudicate upon the disputes between the parties.

Clause 18 of the partnership deed contained an Arbitration Clause which reads as under:

that all the disputes and differences relating to the partnership affairs and the rights and affairs of any of the parties hereto or construction of this deed shall be referred to arbitration under the provisions of the Indian Arbitration Act, 1940 or any enactment or modification whereof for the time being enforced.

The existence of dispute as well as invocation of arbitration clause is not disputed by the parties. On 7.7.2010, when this matter came up for hearing, learned Counsel for the parties had agreed for appointment of a Charted Accountant as sole Arbitrator and sought time to suggest a common name of the Charted Accountant. It was made clear that in case the parties would not be agreeable on any of the name than they would supply three names of Charted Accountants each.

Today both the counsel for the parties appeared and stated that they could not agree on a common name and thus supplied a list of three Arbitrators each. I have gone through both the lists supplied by the parties and do not find any name common which is acceptable. Since there is no agreement amongest the parties on a common name, therefore, I appoint Shri Sushil Bhakhu, Chartered Accountant, # 337/1A, Dr. Sham Singh Road, Civil Lines, Ludhiana, (98140-20636) as a sole Arbitrator to adjudicate upon the disputes between the parties. In the meanwhile, the parties will exchange the statements of claim and response thereof. The statement of claim be supplied to counsel for the respondents within four weeks and response to the statement of claim shall be supplied to the counsel for the petitioner s within four weeks thereafter. The parties shall appear before the Arbitrator on 08.11.2010 at 4.00 P.M. or on an agreed date convenient to the parties but not later than a fortnight from the date of exchange of pleadings as directed aforesaid. The Arbitrator shall dispose of the reference not later than six months from the date of first appearance of the parties. The Arbitrator shall fix his own fee.

Petition stands disposed of.