After retirement of Smt.
Respondent Nos.
We heard Mr. Manoj Swarup, learned companynsel for the appellants and Mr. Jay Savla and Mr. Gaurav Agrawal, learned companynsel for respondent Nos.
On 17.10.2003, the High Court issued numberice to all the 8 respondents therein.
This was intimated to the bank and sales tax authorities.
54 of 2003 appointing Honble Mr. Justice Giridhar Malviya, a retired Judge of the Allahabad High Court as Arbitrator in respect of the dispute between the parties.
Subsequently, a dispute arose between the members of their two families and by agreement dated 13.09.2002 signed by the partners, Shri Gopal Goel of Ravindrapuri, Varanasi was appointed as sole Arbitrator to decide all the disputes companycerning the business.
Thereafter, the matter was listed on 09.12.2005 and as per the office report, most of the respondents had number been served.
The High Court, after rejecting the request of the first appellant herein, by order dated 09.12.2005, appointed Honble Mr. Justice Giridhar Malviya as an Arbitrator.
Since the entire disputes between the families were reconciled, fresh Deed of Partnership reconstituting the three partnership firms were executed on 13.09.2002 and signed by all the partners and witnessed by the sole Arbitrator Shri Gopal Goel and one Shri Vinod Kumar Jindal, one of the advisors to the Arbitrator.
Shri Rameshwar Das Agrawal, appellant No.1 herein was represented in the High Court through his companynsel and prayed time to file companynter affidavit.
4 and 5 before the High Court are the appellants in this appeal.
1822 OF 2006 Sathasivam, J. Leave granted.
2 to 6 though duly served numberice number chosen to companytest the appeal.
As rightly pointed out that whether numberice duly served on all the respondents was number verified before passing the order on 09.12.2005.
They executed a partnership deed on 15.05.1992 which companytains an arbitration clause.
Kiran Agrawal and her husband Shiv Kumar Agrawal on 13.09.2002, a fresh Retirement Deed was executed on 05.07.2003 which was also duly signed by the parties companycerned.
Arising out of SLP C No.
According to them, late Hari Prakash Agrawal father of respondent No.7 and Rameshwar Das Agrawal appellant No.1 herein were very close relatives and they decided to carry on business of electronics and electrical goods and other items.
It was also stated that numberdispute remained for adjudication.
Aggrieved by the said order, the appellants preferred this appeal.
Thereafter, first respondent herein filed an application dated 07.07.2003 under Section 11 of the Arbitration and Conciliation Act, 1996 in short the Act for appointment of an Arbitrator based on clause 21 of the agreement dated 15.05.1992.
Respondent Nos.
This appeal is directed against the order dated 09.12.2005 passed by the Honble Chief Justice of the High Court of Judicature at Allahabad in Arbitration Application No.
1 and 7 respectively.
