Rajeev Vij v. Kamal Saraf & ORS.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 387/2017 RAJEEV VIJ ..... Petitioner Through : Ms.Gayatri Aryan, Adv.

versus KAMAL SARAF & ORS.

..... Respondent Through : Ms.Sukriti Gandhi, Adv.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 16.11.2017 This petition is filed for appointment of an arbitrator to settle the dispute between the petitioner and the respondent, who became partners of M/s New Indian Roadways vide a Partnership Deed dated 1.4.1997. Clause 15 of the partnership deed dated 1.4.1997 run as under :-

15. That any dispute or difference which may arise between the parties or their representatives with regard to the construeotion meaning and effect of this deed or any part thereof or respecting the accounts, profits or losses of the business or any others matter relating to the partnership business either during or author the partnership shall be referred to Arbitration under Indian Arbitration Act then in force at the time of disputes.

The respondents Nos.1,2,3,5,6,7,8 and 10 were served but none appeared and were proceeded ex-parte vide order dated 25th September, 2017. Though the respondent No.5 has expired but his legal heirs are already on record as respondents Nos.1 to 3. Counsel for respondent Nos.9 and 11 has appeared and submits that she shall be filing her vakalatnama during the course of the day but has no objection to the appointment of arbitrator.

In the circumstances, Mr.Rakesh Kapoor (Retd. District Judge) (Mobile: 9910384621) is appointed as the arbitrator to arbitrate the dispute between the parties. His fees shall be fixed in consultation with the parties.

The petition is disposed of.

YOGESH KHANNA, J NOVEMBER 16, 2017 VLD