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2024 Supreme(Guj) 1027

SUNITA AGARWAL
Sai Polyplast – Appellant
Versus
Vikas Raj Chhajer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR NIRAV THAKKAR with MS ROMA I FIDELIS
For the Respondent: MR VISHAL J DAVE with MS. HIRAL U MEHTA, MR JAY KOSHTI and MR. YUVRAJ CHAUHAN

JUDGMENT :

1. In these set of applications seeking for appointment of Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (in short as “the Act’1996”), the parties are same and issues are interconnected and common and, as such, they have been heard and are being decided by this common judgment.

2. The partnership firm M/s. Om Polyplast (Applicant No.1 in Arbitration Petition No.148 of 2019) came into being vide partnership deed dated 01.04.2012, wherein Pradeep Gaurishankar Trivedi (Applicant No.2), Vikas Raj Chhajer( the respondent) and one Mr. Manoj N.Pandya entered into a partnership. On 01.04.2014, Mr. Manoj N. Pandya had retired from partnership vide a retirement deed. The respondents continued with partnership business of M/s. Om Polyplast of manufacturing PVC bags. Later, the respondent, namely Vikas Raj Chhajer intended to retire from partnership firm and, as such, the partnership-cum-retirement deed was executed on 19.03.2018 between the applicant and Vikas Raj Chhajer. It is stated that vide the said deed, a new partnership firm M/s. Sai Polyplast was created by three erstwhile partners, namely, Pradeep Gaurishankar Trivedi (Applicant No.2) and Vikas R

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