IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 28^th DAY OF APRIL, 2022 BEFORE HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, ARBITRATION CASE No.70 of 2019 Between:-

SHYAM VERMA SON OF SH. BADRI DASS VERMA, R/O VERMA NIWAS, NEAR DEV BHOOMI APARTMENTS DEONGHAT SOLAN, TEHSIL &

DISTRICT SOLAN H.P.

…..PETITIONER (BY SH. SUNEET GOEL, ADVOCATE )

AND

1. RANDEEP SON OF SH.

NARAYAN SINGH, R/O VILLAGE CHABAL, P.O. GARKHAL, TEHSIL KASAULI DISTT SOLAN H.P.

2. RAJINDER BHARDWAJ SON OF SH. AMAR LAL, R/O VILLAGE SUNKHI-SAYRI, TEHSIL KANDAGHAT, DISTT SOLAN H.P.

3. TILAK RAJ SON OF SH. RAM CHAND SHARMA, R/O RAM NIWAS, DALDA COLONY, WARD NO. 8, CHOWK BAZAAR SOLAN, TEHSIL & DISTRICT SOLAN H.P.

4. RAJESH KANWAR SON OF SH.

RAJENDER KANWAR, R/O VILLAGE DHARMI, P.O. JAIS, TEHSIL THEOG, DISTT SHIMLA H.P.

5. SH. VINESH KUMAR SON OF SH.

BALDEV SINGH, R/O SHALLI BAZAR, THEOG, WARD NO. 4, TEHSIL THEOG, DISTT SHIMLA H.P.

6. EXCISE AND TAXATION DEPARTMENT, CIRCLE SOLAN, TEHSIL & DISTRICT SOLAN H.P. THROUGH THEIR ASSISTANT COMMISSIONER EXCISE, SOLAN …..RESPONDENTS (SH. RAJUL CHAUHAN, ADVOCATE, FOR R-2.

SH. NAND LAL THAKUR, ADDITIONAL ADVOCATE GENERAL, FOR R-6)

_____________________________________________________

This petition coming on for orders this day, the Court passed the following:

O R D E R

The petitioner is before this Court in this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’), seeking for appointment of an Arbitrator to resolve the dispute that has arisen between the parties.

2. Brief facts of the case are that the petitioner and the respondents entered into a partnership agreement vide partnership deed dated 10.06.2018 duly registered with the sub-Registrar Kandaghat on 01.05.2018 vide registration No. 24/2018 and the same deed is legally valid and commenced frHom 01.04.2018. Parties to the partnership deed agreed to join hands to carry out business of wine under name and style Solan Wines Associates having its L-2 and L-14 license in the different areas. The Agreement dated 10.06.2018 is duly executed and registered in the presence of witnesses. It is agreed between the parties that the capital investment will be contributed for the business in ratio of 1:1:1:1:1:1:94 i.e. 94% of the amount of the investment was to be invested by the petitioner and the remaining share by the other hparties. It is further agreed by the parties that the petitioner would manage and look after both the works daily sale, documentation work, or accounts, administration etc. It is submitted that in accordance with the Arbitration agreement the petitioner incurred expenses. Amount to get license as license fee which amount is 5% of the total license fee is paid by the petitioner from his bank account and the fees is running lacs of rupees which fees is paid by the petitioner from his own account and from the account of his wife to the Excise and Taxation Department and after receiving of fees, license is granted by the Excise and Taxation Department in the name of the respondents and thereafter for procuring the stocks huge amount has been paid by the petitioner which amount has also been paid by the petitioner from his own Haccount and from the account of his wife and thereafter getting necessary CD permission /passes to lift liquor from L-1 to the various Liquor shops, amount of Lacs of rupees was further invested by the petitioner vide different receipts. It is further submitted that respondents No1 to 5 were granted license in their name to run Units at different places, after the investment is made by the petitioner in the form of licensee for granting the license in the name of the respondents and for that purpose 5% fee was also paid by the petitioner. In this way for hprocuring license and necessary permit/passes, the petitioner has paid huge amount out of his own sources. It is submitted that the respondents have violated the terms and conditions of the partnership deep and has acted detrimental to the petitioner. The petiti