Dismissed

Arvind Kumar Sinha v. Smt.sunita Singh And Anr.

Chhattisgarh HC5 Jul 2013ARBA/53/2013

Case brief

AI extract

What is this about?

Single bench of the Hon'ble High Court of Chhattisgarh considered an arbitration application seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, based on a partnership deed provision. The court held the application was premature and dismissed it due to the applicant's failure to nominate an arbitrator first.

What did the court decide?

Application withdrawn for appointment of an arbitrator dismissed as premature.

Arvind Kumar Sinha Vs Smt.sunita Singh And Anr. — Arbitration | Chhattisgarh HC (2013)

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IN THE'HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

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ARBITRATION APPLICATION NO. i3 OF 2013 PETITIONER : Arvind Kumar Sinha S/o Late Shri Mangal Prasad Sinha, aged about 50 years, R/o ,. M House No. 201/17', Aashish^WT“ aé’ A53» Nagar (East), Risali, Bhilai, If!” Distt.- Durg (C.G.).

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,. M
A53»
"" WT“ aé’
If!”

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VERSUS

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RESPONDENTS

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:1. Smt. Sunita Singh D/o Late Shri Ram Singh, aged about— 33 years, R/o Quarter No. 2- A, Street No. 11, Sector— 10, Bhilai, Distt.~ Durg (C.G.), Present Address: Penthouse, 5th Fioor, Dikshika Apartment, Near Bethany Vidyalaya, Paradise Complex, Borsi Bhatha, Durg (C.G.).

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1. Smt. Lalmuni Singh Wd/o Late Shri S.K. Singh, aged about— 80 years, R/o Str‘eet No.11, Sector-10, Bhuai, Distt.Durg (C.G.).

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APPLICATION UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT,¹⁹⁹⁶ FOR

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‘ APPOINTMENT OF ARBITRATOR(S)

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‘ A \‘ 'r‘A

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HI(‘.H ('nl [PT OF FHHATTI§('.ARH RII ACPIIR

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Arbitration Application No.53 of 201 3

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PETITIONER: Arvind Kumar Sinha

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Versus

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RESPONDENTS: 1. Smt.‘Sunita Singh

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Smt. Lalmuni Singh

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{Application^{underSection11oftheArbitrationandConciliationAct,1996}}

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Present:

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Mr. Rishi Rahul Soni, counsel for the applicant.

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Non-applicants not noticed.

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Single Bench: Hon'ble Mr. T.P. Sharma, J

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ORDER

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(5-7-201³⁾

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Heard.

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By this application under Section 11 ofthe Arbitration and Conciliation Act, 1996, the applicant has prayed for appointment ofArbitrator.

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As per clause 19 of the partnership deed, in case of dispute at the time of dissolution of partnership firm, the matter is required to be decided by the

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” Arbitrator. Clause 19 of the partnership deed reads thus, "That, all disputes arising between partners at the time of

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dissolution of the partnership except such matter for which specified provisions^havebeenmade in this deed shall be referred to arbitration. Each partner^can nominate their arbitrator and in case of difference of opinion between the arbitrators the decision of the umpire nominated by the arbitrators shall be final and binding on all the partners."

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. As per submission and Annexure P-4 notice dated 2-1-2013 served upon the non-applicants by the applicant, the applicant has dissolved the partnership firm and has requested the opposite party for appointment of arbitrator within a period of 30 days. The non-applicants have not appointed Arbitrator within 30 days. As per clause 19 of the partnership deed, the applicant is under obligation to nominate arbitrator and other party is also required to appoint arbitrator. In the present case, the applicant himself has not appointed any arbitrator in accordance with clause 19 of the partnership deed.

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Therefore, the application is premature and the same is dismissed as premature.^{Noorderastocosts.} SCI/-

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T. P. Sharma Judge

Arvind Kumar Sinha v. Smt.sunita Singh And Anr.

Case brief

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Arvind Kumar Sinha v. Smt.sunita Singh And Anr.

Case brief

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