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2020 Supreme(Del) 267

JYOTI SINGH
Madhu Devi Fatehpuria – Appellant
Versus
Jugal Kishore Shyam Prakash – Respondent


Advocate Appeared:
For the Petitioner:Mr. Pradeep Aggarwal, Mr. Arjun Aggarwal and Mr. Yash Raj, Advocates.
For the Respondent:Mr. Jitender Vohra and Mr. N.K. Vohra, Advocates.

JUDGMENT :

JYOTI SINGH, J.

1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking appointment of an Arbitrator to adjudicate the disputes between the parties.

2. Respondent no.1 is a Partnership Firm registered under the Indian Partnership Act, 1932 with the Registrar of Firms, Delhi, running the business of trading of textile products, amongst other things. As per the profit-sharing ratio in the partnership firm, petitioner has 40% share and respondent nos.2 to 4 have a combined share of 60%.

3. As per the petitioner the parties herein entered into a Partnership Deed dated 18.05.1992 which contains an Arbitration Clause and which reads as under :-

    "12. ARBITRATION: In case of any dispute or disputes among the partners regarding the interpretation of this deed or with regard to other affairs pertaining to this partnership business, the same shall be referred and settled with an arbitrator mutually agreed upon by the partners."

4. It is averred in the petition that the petitioner had invested huge sums of money in the Firm which is evident from the Statement of Accounts of respondent no.1. It was the practice

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