JUDGMENT : Govind Mathur, J. This application is preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') for appointment of arbitrator to resolve dispute between the parties arising out of partnership deed dated 10.8.2001. 2. As per the applicant, the non-applicant refused to clear accounts of the firm and no final balance-sheet was prepared. 3. Admittedly, the deed of partnership is having an arbitration clause, therefore, the applicant served a notice dated 4.10.2013 upon the non-applicant for appointment of an arbitrator. The same was replied by the non-applicant under a letter dated 25.10.2003. 4. While contesting present application, the argument advanced by learned counsel for the applicant is that the partnership-firm, as a matter of fact, never came into existence and the same was dissolved under a dissolution-deed dated 17.9.2009. It is stated that the dissolution-deed bears signatures of the applicant and, therefore, he cannot be permitted to get adjudication of any dispute by way of appointment of an arbitrator. 5. I do not find any merit in the objection raised. 6. It shall be pertinent to mention here that in para-3 of the application, the applicant has given all details in which the dissolution-deed came into existence. He has further substantiated the facts stated in para-3 with further elaboration with a definite statement that the so-called dissolution deed was prepared by the respondent no. 2 with the aid of one Chartered Accountant, who obtained signatures of the applicant by proposing certain conditions. It is also relevant that whether the signatures available on the dissolution-deed were obtained by bona fide persuasion can't be examined while considering the application under Section 11 of the Act of 1996. 7. From perusal of the facts stated in the application and further stated in the Additional Affidavit sworn-in by the applicant, I am satisfied that a dispute exists between the parties and that is required to be adjudicated by an arbitrator. The objections raised by the non-applicant can very well be examined by the arbitrator in the arbitral proceedings itself. 8. Accordingly, the application is allowed. Shri Mahesh Bora, Senior Advocate, resident of 2-J-21, Chopasni Housing Board, First Pulia, Jodhpur is appointed as Arbitrator to adjudicate the dispute between the parties.
The objections raised by the non-applicant can very well be examined by the arbitrator in the arbitral proceedings itself. 8. Accordingly, the application is allowed. Shri Mahesh Bora, Senior Advocate, resident of 2-J-21, Chopasni Housing Board, First Pulia, Jodhpur is appointed as Arbitrator to adjudicate the dispute between the parties. The arbitrator appointed shall be entitled for renumeration and perquisites in accordance with the Alternative Dispute Resolution, 2009 prescribed by the Rajasthan High Court. 9. The Registry is directed to send a copy of this order to the Shri Mahesh Bora, Senior Advocate at his residential address, at the earliest.