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2022 Supreme(Guj) 793

Dipakkumar Nathabhai Patel – Appellant
Versus
Narmadaben Dhirajlal Radadia – Respondent


Advocates appeared:
Jigar G.Gadhavi, Dipen C.Shah, Radhesh Y.Vyas, Advocates

JUDGMENT :

1. This petition is filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short) seeking appointment of Arbitrator contending inter alia that petitioner and respondents had entered into a partnership agreement on 02.03.1994 and one of the partner namely Rameshbhai Ishwarbhai Patel was relieved from the partnership and thereafter a new partnership agreement came to be executed on 01.07.1998 under which the petitioner - applicant and the respondent Nos. 1 to 3 became partners of the firm under which the applicant has been given 25% of the share. It is further contended that on account of certain disputes having arisen between applicant and respondents, the applicant had filed a Regular Civil Suit No. 486 of 2005 before Civil Judge (Senior Division), Vadodara as well as Regular Civil Suit No. 409 of 2006 and Regular Civil Suit No. 746 of 2007 for various reliefs, which came to be disposed of on the ground that deed of partnership contained arbitration clause. Hence, it is stated that on disposal of suits, applicant had got issued notices to the respondents calling upon the respondents to give their consent for appoi

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