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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.

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 constituted which came into existence vide partnership deed executed on 24.12.2013 between Sita Devi Verma and Akshay Verma, which is duly signed by each of them. Clause-9 of the partnership deed provided that all the disputes shall be settled by the arbitration according to the provisions of the Act of 1996.

3. On 14.03.2022, one of the partners Sita Devi Verma addressed a communication to the Branch Manager, Bank of Baroda stating therein that the accounts in the name o

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