Devendera Kumar Gupta v. Manish Raj

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 405/2016 DEVENDERA KUMAR GUPTA ..... Petitioner Through Mr. Rahul Aggarwal, Adv.

versus MANISH RAJ ..... Respondent Through Ms.Risha Mittal and Ms.Devyani Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 22.05.2017 1.

The present petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an arbitrator to adjudicate the disputes between the parties with regard to the business and partnership firm including dissolving the partnership firm.

2.

The parties entered into a partnership deed on 10.05.2013 for establishing a partnership firm in the name and style of M/s Optros Biotech with its place of business at A-26, Gali No.2, Madhu Vihar, Delhi-110092. The disputes have arisen between the parties. 3.

The partnership deed contains an arbitration clause which reads as follows:- "In the event of any dispute or difference arising between the partners at anytime in respect of partnership account or any

matter relating to or concerning the partnership business or the interpretation of these presents, the same shall be resolved by reference to an arbitrator according to the Indian Arbitration Act."

4.

Learned counsel appearing for the respondent submits that she has no objection to the appointment of the arbitrator without prejudice to her rights and contentions.

5.

Accordingly, the petition is allowed.

6.

Parties are referred to for arbitration to the Delhi International Arbitration Centre. The arbitration shall take place under the aegis of the centre. The parties to appear before the centre on 05.07.2017 at 4.00 PM. JAYANT NATH, J MAY 22, 2017 rb