2002 (8) TMI 776

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....s filed this petition under section 11 of the Arbitration and Conciliation 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 co....

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....1 to 3 also filed along with petition (at pages 39 to 42) read as under:- "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....

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....ember, 1998 is not in accordance with the provision of sub-section (5) of 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 ....