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2022 Supreme(Bom) 1157

A.K.MENON
Praful A. Mehta – Appellant
Versus
Nainesh M. Gandhi – Respondent


Advocates appeared:
Mr. Simil Purohit A/W., Mr. Faran Khan and Mr. Virti Shah I/B. M/S. Vimadalal & Co, for the Appellant; Dr. Birendra Saraf I/B., Mr. Vijay Sharma, for the Respondent.

ORDER

1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator in terms of Arbitration Agreement embodied in a Deed of Partnership dated 19th June, 2004. The firm is said to have been dissolved pursuant to notice dated 27th December, 2018 and the applicant one of the partners has invoked arbitration vide letter dated 9th October, 2019.

Parties

2. The Applicant an individual claims as a partner of one J. P. Enterprises a partnership firm having its registered office in Mumbai. Respondent nos. 1 to 4 are said to have been the other partners of the firm at the material time. Respondent nos. 2 and 3 are also individuals. Respondent no. 3 however is Karta and Manager of Dhiren N. Mehta HUF, Respondent no. 4 is a limited company. All of whom are partners of the firms.

3. It is the Applicant's case that the firm was initially constituted on 19th June, 2004 for carrying out the business of construction and development of immovable property. Clause 23 of this deed of 19th June, 2004 contained an arbitration clause which provides for reference to Arbitrators nominated by parties and a tribunal constituted under the provisio

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