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2017 Supreme(Raj) 2677

MOHAMMAD RAFIQ
Anjana Badera – Appellant
Versus
Vishal Farms – Respondent


Advocates Appeared:
Mr. Ashok Mehta, Senior Counsel assisted by Mr. Mudit Singhvi, Advocate, for the Appellant; Mr. Rajeev Surana with Ms. Vasudha, Advocates, for the Respondent

JUDGMENT

Mohammad Rafiq, J. - This application under section 11 of the Arbitration and Conciliation Act, 1996 has been filed by Smt. Anjana Badera, praying for appointment of independent Arbitrator on behalf of the respondents so that the already appointed Arbitrator on behalf of the petitioner and the Arbitrator so appointed by this court, may constitute a three member arbitration panel by selecting third independent Member/Umpire and praying in alternative that this Court may appoint third independent Member/Umpire in accordance with the Arbitration and Conciliation Act, 1996. Further prayer is made that this court may appoint or constitute a single Member arbitral tribunal either consisting of the member suggested by the petitioner or any other independent arbitrator as this court deems fit, to resolve the dispute between the petitioner and the respondents.

2. Facts of the case, as emerging from the pleadings of the parties, are that a partnership firm in the name of M/s. Vishal Farms, was constituted on 23.11.2004 with petitioner Smt. Anjana Badera and respondent Smt. Asha Khandelwal, as partners, for the purpose of agriculture and related activities. The investment and profit &

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