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2024 Supreme(Raj) 650

MANINDRA MOHAN SHRIVASTAVA
Akshay Verma Son Of Late Shri Dinesh Kumar Verma – Appellant
Versus
Sita Devi Verma Wife Of Late Shri Bhim Singh Verma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ashish Kishore Saksena Advocate, Mr. Harshit Mittal Advocate.
For the Respondent:Mr. Manoranjan Singh Kanak Advocate.

Table of Content
1. establishment of partnership and dispute initiation. (Para 1 , 2 , 3 , 4)
2. confirmed opposition to the arbitration application. (Para 5 , 6 , 7 , 8 , 9)
3. judicial review process in arbitration requests. (Para 10 , 11 , 12 , 13)
4. partnership dissolution effects and arbitration rights. (Para 14 , 15 , 16 , 17 , 18 , 19)
5. application of non-arbitrability tests. (Para 20 , 21 , 22 , 23)
6. appointment of arbitrator granted. (Para 24 , 25 , 26 , 27)

ORDER :

Manindra Mohan Shrivastava, C.J.

1. Applicant has filed this application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’) for appointment of an arbitrator in the matter of alleged dispute between the parties to a contract providing for adjudication of disputes through the process of arbitration.

2. As pleaded by the applicant, M/s. Verma & Company, 214, Jaipur Road, Ajmer is a registered firm under the provisions of Indian Partnership Act, 1932 (hereinafter referred to as ‘the Act of 1932’). After the death of one of the two partners namely; Dinesh Kumar Verma, his son Akshay Verma was admitted as partner w.e.f. 24.12.2013 and new partnership was const

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