Allowed

Vipul Khatri S/O Shri Shayam Sunder Khatri, v. M/S Khatri Pannalal Premraj Bidi Nirmata

Rajasthan HC16 Aug 2024ARBAP/6/2024

Case brief

AI extract

What is this about?

On an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator regarding disputes between partners of a firm, the High Court appointed a sole arbitrator as the arbitration clause was admitted and unopposed.

What did the court decide?

Appointment of Mr. Dhirendra Singh Rajawat as sole arbitrator.

Vipul Khatri S/O Shri Shayam Sunder Khatri, Vs M/S Khatri… — Arbitration | Rajasthan HC (2024)

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[2024:RJ-JP:34901]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Arbitration Application No. 6/2024

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Vipul Khatri S/o Shri Shayam Sunder Khatri, Aged About 40 Years, R/o Plot No. 1, Indra Colony, Bajariya, Sawai Madhopur, District Sawai Madhopur Partner M/s Khatri Pannalal Premraj Bidi Nirmata Firm Sawai Madhopur.

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----Applicant

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Versus

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M/s Khatri Pannalal Premraj Bidi Nirmata, A Partnership Firm Sawai Madhopur Having Its Principal Place Of Business At City Sawai Madhopur, Rajasthan Represented Through Its Other Partners:-

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1/1 Shayan Sunder Khatri S/o Late Shri Balmukund Khatri, Aged About 69 Years, R/o Plot No. 1, Indra Colony, Bajariya, Sawai Madhopur, District Sawai Madhopur.

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1/2 Hemendar Khatri S/o Late Shri Radje Shayam Khatri, Aged About 48 Years, R/o Plot No. 1 Indra Colony, Bajariya, Sawai Madhopur, District Sawai Madhopur.

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1/3 Harish Khatri S/o Late Shri Radje Shayam Khatri, Aged About 51 Years, R/o Plot No. 1, Indra Colony, Bajariya, Sawai Madhopur, District Sawai Madhopur. At Present R/o M/s Pannalal Premraj Bidi Nirmata, Khesav Ganj, Sagar, Madyapradesh.

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1/4 Ritesh Khatri S/o S/o Shri Shayam Sunder Khatri, Aged About 43 Years, R/o Plot No. 1, Indra Colony, Bajariya, Sawai Madhopur, District Sawai Madhopur.

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----Respondents

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For Petitioner(s) : Mr. Nikhlesh Katara For Respondent(s) : Mr. L.L. Gupta for respondent No.1/4 Mr. Bharat Sharma for respondent No.1/1 and 1/3 Mr. Karan Singh Nathawat for respondent No.1/2

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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16/08/2024

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Instant Arbitration Application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “A & C”) has been filed by the applicant for appointment of Arbitrator to adjudicate

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(2 of 3) [ARBAP-6/2024]

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[2024:RJ-JP:34901]

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the dispute between the partners of partnership firm M/s Khatri Pannalal Premraj Bidi Nirmata.

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Heard all the concerned parties and perused the record.

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Counsel appearing on behalf of respective parties, admits execution of a partnership deed dated 1^st December, 2009 in respect of carrying out a business of manufacturing and sale of Bidi. In the partnership deed, Clause No.23 deals with the resolution of dispute between partners by way of arbitration. For ready ready reference, clause 23 is being extracted hereunder:-

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“यह कि साझेदारों िे आपससी मतभेद िे मामले साझेदारों िे बहहቭमत दारा और आवशयिता पड़ने पर िान न िे अननसार पपंच फफसले दारा तय िराये जा सि गे।"

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It is not in question between the parties that multiple disputes have arisen between parties including the dispute in respect of dissolution of partnership, settlement of accounts and goodwill of firm and distribution of assets etc. and therefore, respective counsels for the party agree that such dispute may be adjudicated through arbitration.

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In view of above, since the prayer of appointment of Arbitrator to adjudicate the dispute between parties is not opposed and a written agreement has been executed between parties, therefore, this Court deems it just and proper to appoint the sole Arbitrator to adjudicate the dispute.

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As a final result, the present arbitration application succeeds and this Court while exercising powers conferred under Section 11 of the A&C Act, 1996, appoints Mr. Dhirendra Singh Rajawat, former District Judge, Address:- Rajawat Bhawan, Behind Jail, Left Corner of Police Line, Sation Bajariya, Sawai Madhopur, Phone

[2024:RJ-JP:34901]

[ARBAP-6/2024]

(3 of 3)

No.9414463248, Email:[email protected], as a sole Arbitrator to adjudicate the dispute between parties in accordance with the provisions of the A&C Act, 1996.

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The Arbitration fee shall be payable in accordance with the provisions, contained in the Manual of Procedure for Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Resolution (Amendment), 2017 vide notification dated 23.03.2017 read with 4^th Schedule appended to the A&C Act, 1996.

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The Registry is directed to intimate the Arbitrator Mr. Dhirendra Singh Rajawat, retired District Judge, for his approval. 9. All other issues may be raised by the parties before the Arbitrator, which shall be considered in accordance with law. 10. Since, as per Section 29A of the A&C Act, 1996, the arbitration proceedings are required to be concluded within the scheduled time, as stipulated therein, it is expected from the parties to appear before the Arbitrator on 02.09.2024 or any other date, as informed by the Arbitrator to parties or agreed between parties with the consent of Arbitrator and to provide E-mail/ Contact Number/ Mobile Number of themselves as also of their authorized representatives/ lawyers, appearing on their behalf respectively, in order to facilitate the Arbitrator to send information to parties. The information sent by the Arbitrator on given address/ E-mail/ cellphone of parties, shall be treated as sufficient unless same is not changed.

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The instant application stands disposed of.

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(SUDESH BANSAL),J

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TN/66

Vipul Khatri S/O Shri Shayam Sunder Khatri, v. M/S Khatri Pannalal Premraj Bidi Nirmata

Case brief

What is this about?

What did the court decide?

Vipul Khatri S/O Shri Shayam Sunder Khatri, v. M/S Khatri Pannalal Premraj Bidi Nirmata

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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