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2023 Supreme(All) 11

MANOJ KUMAR GUPTA
Bharat Petroleum Corporation Limited – Appellant
Versus
Gupta Company – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Komal Mehrotra
For the Opposite Party : Preet Pal Singh Rathore, Chandra Bhan Gupta, Kamlesh Kumar Singh

JUDGMENT :

1. Matter taken up in the revised call.

2. Sri Komal Mehrotra, learned counsel for the applicant and Sri Chandrabhan Gupta, learned counsel for respondent no.2 are present.

3. None present for respondent no.3.

4. The instant application has been filed under Section 11(4) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act') for appointment of an arbitrator to resolve the disputes between the applicant and Mahesh Chandra Gupta (since dead), Devi Prasad Gupta-opposite party no.2 and Shiv Prasad Gupta-opposite party no.3, who were carrying on business in the name and style of M/s. Gupta & Company (opposite party no.1), in pursuance of an agreement with the applicant pertaining to "dispensing pump and selling license" dated 08.02.2014.

5. The case of the applicant is that one of the partner of the firm namely, Mahesh Chandra Gupta died on 15.08.2018. Opposite party nos.2 and 3, the remaining partners, without informing the applicant-company, continued to carry on business in the name of the firm and received supplies of petroleum products on 28.09.2018 but, did not make the payment thereof.

6. Arbitration Clause 19 stipulates that any dispu

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