Arbitration Application No. 27 of 2008

1. This application has been preferred under Sub-section 6 of Section 11 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity hereinafter to be referred to as the “Act, 1996”) for the appointment of an Arbitrator.

2. Factual Matrix:

In the year 1955, partnership was entered into between Thakur Prasad Sao, Lakshmi Prasad Sao and Sheo Shankar Prasad Sao. This partnership deed is dated 1st April, 1995. Clause 16 and Clause 20 thereof reads as under:

“16. That the firm will not be dissolved on the death of any of the partners, if any partner dies his heirs or other legal representatives will be considered to be taken in as a partner in his place or give the benefit of the partnership if a minor. In case his heirs or other legal representative do not agree to continue as partner of the deceased partner will be considered to have retired from the partnership as from the date of his death and the partnership will continue with only the surviving partner.

Provided always that in such event or in the even of the partnership being determined by any of the provisions hereinbefore contained or under any provision of the Indian Partners