JUDGMENT

Dr. AR. Lakshmanan, J.—Leave granted.

2. The above appeal is directed against the final judgment and order dated 10.02.2006 passed by the Chief Justice of the High Court of Judicature at Allahabad in Arbitration Application No. 7 of 2005 dismissing the application moved by the appellant under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator.

BACKGROUND FACTS :

3. Respondent Nos. 1 and 2 – Chandra Prakash Goel and Rakesh Aggarwal along with Dulari Devi, mother of the appellant - Ravi Prakash Goel and Pushplata were carrying on business of sale and purchase of sanitary goods in the name and style of M/s Kumar and Company under the Partnership Deed dated 09.08.1983. Pushplata retired from partnership w.e.f. 31.03.1992. Thereafter, other partners carried on the business and a new partnership deed was executed on 01.04.1992.

Clause 5 of the same provided that the net profits of the partnership business as per accounts maintained after deduction of all necessary expenses shall be divided and distributed amongst the partners at the close of each accounting year in the following ratio:

1)Sri Chandra Prakash Goel, Respondent No.1 - 31%

2)Sri Rakesh