( 1 ) PETITIONER Shri Ashok Kumar Malik has filed this petition under Section 8, read with section 20 of the Indian Arbitration Act, 1940, seeking appointment of Shri S. K. Choudhury, Advocate, as an arbitrator and reference of the disputes with the respondent for arbitration to the said Shri S. K. Choudhury. It is further prayed that in the event of the respondent not agreeing to the appointment of Shri S. K. Choudhury as the arbitrator, any other independent person may be appointed as the arbitrator by the Court.

( 2 ) PETITIONER is stated to have entered into a partnership with the respondent Smt. Vimla manchanda, under the name and style of M/s. Aastha (India) International. A partnership deed dated 1. 7. 1989 was executed between the parties. The said partnership deed was one at will and could be dissolved at any time with the mutual consent of the parties. The partnership deed also contained an arbitration clause in the following terms;

"clause 13= Resolution of Disputes: that dispute, if any, arising between the partners, whether in respect of the accounts or in the interpretation of this partnership deed, shall be referred to an arbitrator to be appointed with mutual consent

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