Bombay High Court
Mr. Prashant Manohar Raj And 2 Others vs Mr. Sudesh S/O Sampatrao Chopde on 22 February, 2016
Author: Z.A. Haq
Bench: Z.A. Haq
1 mca1017.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLICATION NO.1017 OF 2014
1) Mr. Prashant Manohar Raj,
Aged 49 years, Occupation - Business,
Resident of 168, Bhausaheb Surve Nagar,
Jaitala Road, Nagpur.ig
2) Mrs. Archana Ajay Rathi,
Aged about 47 years, Occupation - Nil,
Resident of 401, Kumudini Mansion,
148, Vivekanand Nagar, Nagpur.
3) Mrs. Ritu Sandeep Chopde,
Aged about 39 years, Occupation - Nil,
Resident of 153, Bhausaheb Surve Nagar,
Jaitala Road, Nagpur. .... APPLICANTS
VERSUS
Mr. Sudesh s/o Sampatrao Chopde,
Aged about 40 years, Occupation - Business,
Resident of 402, Apoorwa Complex,
Mohan Nagar, Nagpur. .... NON-APPLICANTS
______________________________________________________________
Shri Alok Daga, Advocate for the applicants,
Shri S.C. Joshi, Advocate for the non-applicant.
______________________________________________________________
CORAM : Z.A. HAQ, J.
DATED : 22
nd FEBRUARY, 2016.
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2 mca1017.14
ORAL JUDGMENT :
1. Heard Shri Alok Daga, Advocate for the applicants and Shri S.C. Joshi, Advocate for the non-applicant.
2. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 praying that an arbitrator be appointed to resolve the dispute between the parties.
3. Rule. Rule made returnable forthwith.
4. Shri Alok Daga, Advocate for the applicants has pointed out Clause 15 of the Instrument of Partnership dated 05-03-2011, which provides that in case of any dispute between the partners or their representatives in respect of the terms and conditions of the partnership agreement or in respect of any affair or transaction pertaining to the partnership business during the continuation of the said partnership business, it shall be referred to the sole arbitrator.
The learned Advocate has pointed out the notice which was issued on behalf of the applicants on 19-12-2013 calling upon the non-applicant to submit the ledgers, extract of accounts, balance-sheets, details of sale in cash since inception and details of clarification submitted by the ::: Uploaded on - 29/02/2016 ::: Downloaded on - 31/07/2016 06:14:21 ::: 3 mca1017.14 applicants to the Maharashtra Pollution Control Board and the documents submitted to the department of Sales Tax, Profession Tax, Income Tax, etc. It is submitted that the non-applicant had not complied with the notice and therefore, another notice dated 02-07-2014 came to be issued calling upon the non-applicant to agree for appointment of the arbitrator from the names suggested by the applicant in the notice. It is submitted that this notice is received by the non-applicant, however, it is neither replied nor any action is taken in the matter by the non-applicant.
5. Shri S.C. Joshi, Advocate for the non-applicant has submitted that the balance-sheet showing loss in business has been supplied to the partners and therefore, there is no need to refer the dispute for arbitration.
6. Considering the facts on the record, I find that there is a dispute between the parties which is required to be resolved by an arbitrator as per Clause 15 of the Instrument of Partnership. The dispute between the parties is live and it cannot be said that the claim of the applicant is stale. The arbitration has to be conducted at Nagpur and therefore, this Court has jurisdiction to decide the application ::: Uploaded on - 29/02/2016 ::: Downloaded on - 31/07/2016 06:14:21 ::: 4 mca1017.14 under Section 11 of the Arbitration and Conciliation Act, 1996.
7. In view of the above, following order is passed :
i) Shri A.R. Patil, Advocate, resident of Plot No.17, Indraprastha Layout, Behind "Gulmohar" Hall, Khamla Road, Nagpur, is appointed as Arbitrator to resolve the dispute between the parties.
ii) The applicants and the non-applicant shall deposit Rs.25,000/- each with the Registry of this Court within one month, towards security of fees of the learned Arbitrator.
iii) In addition, the applicants and the non-applicant shall pay the fees of the learned Arbitrator.
iv) The applicants shall deposit Rs.5,000/- with the Registry of this Court within one month, towards processing charges.
v) The application is allowed in the above terms. In the circumstances, the parties to bear their own costs.
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