2002 (8) TMI 776

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..... Act, 1996 (for short the Act ) seeking appointment of arbitrator to adjudicate the disputes referred to in para No. 13 of the petition which respondents 1 and 2 and respondent No. 3 have contested by filing replies. 2. Copy of partnership deed filed along with petition would show that firm-Shankar Lal Rishi Kumar was constituted on 1st April, 1993 with Ram Dass, M/s. Ram Dass Sharma Sons, .....

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..... "8.That since you are not settling the pending accounts and all mutual efforts have failed, I, on behalf of my clients (Smt. Preeti Gupta, Shri Munish Gupta, both partners and Sh. Rajiv Gupta, one of the legal heirs of deceased partner, Smt. Pushpa Gupta) give you this legal notice to render the up-to-date accounts of the firm and in absence of execution of new partnership firm after the death .....

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..... section 11 of the Act, this petition is not legally maintainable. Section 11(5) which is material, is reproduced below: "Failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon reques .....

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