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IAAP/30/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
PETN.
UNDER ARBITRATION ACT No. 30 of 2010
=========================================================
N
S SADASIVAN PILLAI - Petitioner(s)
Versus
MANISH
R BHADANIA & 3 - Respondent(s)
=========================================================
Appearance :
MR
KUNJAL D PANDYA for
Petitioner(s) : 1,
MRYJPATEL for Respondent(s) : 1,
MR MANOJ N
POPAT for Respondent(s) : 2,
NOTICE SERVED for Respondent(s) :
3,
SERVED BY AFFIX.(N) for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 10/12/2010
ORAL
ORDER
Petitioner
has prayed for appointment of a sole Arbitrator to arbitrate and
resolve disputes between the partners of M/s.Flamica Auto Industries
of which he is one of the partners. Under an agreement dated 1st
January, 2006, partnership has been created called M/s.Flamica Auto
Industries between the petitioner herein and four other partners.
During the course of the business, dispute arose between the
partners. Clause-5 of the Partnership Agreement provides for
resolution of disputes through arbitration. Petitioner, therefore,
issued notice dated 25th March, 2010 calling upon other
partners to agree to appointment of anyone of the 3 retired Judges
of the High Court whose names are indicated in the said notice to
act as sole Arbitrator. The partners were given 30 days time to
respond to the said notice.
Though
it is not in dispute that to the said notice dated 25th
March, 2010, none of the respondents replied, however, subsequently
they all have given consent letter to appointment of Hon’ble
Mr.Justice M.S.Parikh (Retired) to act as a Sole Arbitrator.
Under
the circumstances, Hon’ble Mr.Justice M.S.Parikh (Retired) is
appointed as sole Arbitrator. He is requested to arbitrate the
disputes and pass an award with respect to disputes arising out of
the said agreement dated 1st January,2006 as
expeditiously as possible.
With
above direction, present arbitration petition is disposed of.
(AKIL
KURESHI, J.)
(ashish)
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