JUDGMENT :

(Prayer: Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking to appoint an independent qualified Sole Arbitrator to hear and decide the claims of the petitioner arising out of the Partnership Deed Contract dated 24.04.2000; and to direct the respondents to pay the cost of this petition.)

1. This Original Petition is filed for appointment of Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

2. The petitioner seeks to appoint an Arbitrator with regard to the disputes between the petitioner and the respondents who are partners in business pursuant to a Partnership Deed dated 24.04.2000.

3. Controverting the claim, the first respondent would contend that the application is bad for not impleading the erstwhile Partners of the Partnership and for suppressing the same. However, he would suggest for appointing a retired Judge of this Court as Sole Arbitrator.

4. The second respondent would oppose the very maintainability of the above application on the ground that he is not a party to the Partnership deed dated 24.04.2000 and the conditions incorporated in the deed would not bind him. According to him he was i