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IAAP/12/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
PETN.
UNDER ARBITRATION ACT No. 12 of 2011
=========================================================
GULAMHUSAIN
ISMAIL GANGAT PARTNER OF M/S PATEL TYRES AND OIL & 1 -
Petitioner(s)
Versus
PARTNER
OF M/S PATEL TYRES & OIL CENTREV KHADIJABIBI ALIAS & 1 -
Respondent(s)
=========================================================
Appearance
:
MR
MM SAIYED for
Petitioner(s) : 1 - 2.
MR RUTURAJ NANAVATI for Respondent(s) : 1 -
2.
MR JAYSINH R JADEJA for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 09/09/2011
ORAL
ORDER
Petitioner
seeks appointment of arbitrator under section 11 of the Arbitration
and Conciliation Act, 1996. It is not in dispute that there was
partnership deed executed between the petitioners and the respondents
on 1.1.1989. In course of this partnership business, dispute arose
between the partners. The petitioners, therefore, issued notice dated
27.12.2010 indicating that they resort to arbitration to resolve such
disputes. Respondents replied to the notice vide communication dated
5.1.2011. They however, did not agree to appointment of arbitrator.
Present petition is therefore, filed by the petitioners seeking
appointment of arbitrator.
Counsel
for the respondent, however, submitted that the claim is belated.
Arbitrator, therefore, may not be appointed.
It
is not in dispute that partnership deed contains arbitration clause.
The question of limitation can also be gone into by the Arbitrator
while taking up the arbitration proceedings. Under the circumstances,
Justice C.K. Buch (Retd.) is requested to act as sole arbitrator to
resolve the disputes arising out of agreement dated 1.1.1989. All
contentions including one of limitation are kept open.
This
petition is disposed of accordingly.
(Akil
Kureshi, J.)
(ashish)
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