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2009 Supreme(Raj) 789

PRAKASH TATIA
Prakash Chand – Appellant
Versus
Bhanwar Lal – Respondent


Advocates Appeared
K.C. Samdaria, for Petitioner;
N.M. Lodha, for Respondent

JUDGMENT

Hon'ble TATIA, J.—The petitioner has submitted the application under Section 11 of the Arbitration and Conciliation Act, 1966 (for short 'the Act of 1996') for appointment of Arbitrator with the allegation that the petitioner with respondent-Bhanwar Lal started business in partnership in the name of M/s B.P. Textiles. A partnership deed was duly executed on 13.8.1975 and the partnership is a registered partnership firm under the provisions of Partnership Act. As per the petitioner, the firm took an industrial plot No. E.53 having area of 3,500 square meters on lease from RIICO in the town of Pali at Mandiya Road. A lease deed was executed and as per the petitioner, in favour of both the partners constituting partnership firm M/s B.P. Textiles. According to the petitioner, this lease deed is subsisting till today. According to the petitioner himself, he separated from the business of the firm on 16.4.1978, however, the accounts books as well as properties remained in possession of respondent-Bhanwar Lal. It is also alleged that Rs.60,225.71 paise of the petitioner remained deposited with the firm, obviously now with respondent- Bhanwar Lal, who became proprietor of the firm





















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