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2021 Supreme(Pat) 689

SANJAY KAROL
Rukmini Devi – Appellant
Versus
Aryan Flavors (registered Partnership Firm) Rajpati Bhawan – Respondent


Advocates Appeared:
Mr. Avinash Trivedi, Advocate, Mr. Archit Rajpal, Advocate, for the Appellant; Mr. J.S.Arora, Senior Advocate, Mr. Ravi Bhatia, Advocate, Mr. Manoj Kumar, Advocate, for the Respondent.

JUDGMENT

1. Petitioner No. 1 Rukmini Devi has since expired. It is stated at the Bar that her legal heirs, namely petitioner no.2 Ratna Devi; petitioner no.3 Pushpa Devi, petitioner no.4 Amit Kumar and petitioner no.5 Pritam Kumar, are already on record and the right to sue survives upon the remaining petitioners. Registry to make necessary correction in the memo of parties.

2. The instant petition stands filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for adjudication of the disputes inter se the parties.

3. Parties entered into an agreement to constitute a firm vide Partnership Deed dated 01.07.2016 by the name M/s Aryan Flavours. Clause 15 thereof, provides a mechanism for resolution of the disputes through arbitration.

4. Petitioner No. 1 Rukmini Devi vide communication dated 23rd April, 2018 (Annexure P-2) raised certain disputes pertaining to the affairs of the partnership firm. Thereafter certain correspondences were exchanged between the parties in which allegations were made, as also claim and counter claims set up.

5. On 18th of October, 2018 (Annexure P-5), petitioner no.1 Rukmini Devi pressed for settlement of her acc

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