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2018 Supreme(Guj) 1253

AKIL KURESHI
Nilesh Ramanbhai Patel – Appellant
Versus
Bhanubhai Ramanbhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Harshadray A Dave
For the Respondent: Mr. Deep Vyas With Mr. Dhaval D Vyas, Mr. Abhisek Mehta

JUDGMENT :

1. This application is filed with a prayer to extend the mandate of the arbitrator and to extend the time for making the award by a period of eighteen months from 24.3.2018.

This application arises in the following facts:

2. One Bhanubhai Ramanbhai Patel and his sons had filed petition under Arbitration Act No.56 of 2016 seeking appointment of an arbitrator to resolve disputes between partners of a partnership firm constituted under a deed dated 19.2.2010. The partnership was engaged in the business of processing and selling processed tobacco and dealing in tobacco on commission under the name of M/s. Navdurga Tobacco Company. Respondents in such arbitration petition were his brother Nilesh Ramanbhai Patel, son of Nilesh Ramanbhai Patel and mother of Bhanubhai and Nileshbhai. By detailed judgment dated 10/17.2.2017 all the objections of the respondents against appointment of an arbitrator were turned down. By further order dated 17.3.2017 Shri J.M.Panchal, former Judge of Supreme Court was appointed as sole arbitrator. When such arbitral proceedings were going on, the original opponent No.3 i.e. the mother expired. Her legal heirs which included some of the existing parties

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