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Judgment
Ritu Bahri, J
1) Counter-affidavit has been filed today on behalf of respondents Nos. 2 and 3. Service on respondent Nos. 4 and 5 has been effected by way of publication on 24.06.2024.
2) In the counter-affidavit filed, in paragraph 06, it has been stated that a registered lease deed dated 21.08.2017 was executed between M/s Disha Hospitality (P) Ltd. and M/s Dehra Hospitality. It is further stated that vide communication dated 15.03.2019 all the assets, ownership, liabilities and affairs of M/s Dehra Hospitality has been taken over by Mr. Aditya Vinod Jayani and Mrs. Kanta Jayanta, and they are respondent Nos. 4 and 5 in this arbitration application. Copy of the constitution of the deed of partnership is dated 01.10.2019. It is also stated that respondent Nos. 2 and 3 are not liable for payment of an amount of Rs.1,73,72,308/-. Even if, applicant is not part of partnership firm now, the very fact that the contract was initially signed by respondent No. 2, and it has been taken over by respondent Nos. 4 and 5 now, this Court proceeds to appoint the arbitrator.
3) As service on respondent Nos. 4 and 5 has already been effected, this Court proceeds to appoint the Arbitrator, who will examine the issue as stated in the counter-affidavit filed by respondent No. 2, in respect of partnership deed.
4) The seat of arbitration is at Dehradun, and the amount involved as of today is rupees 2.5 crores.
5) Accordingly, Mr. D.P. Gairola, Retired District and Sessions Judge, who is residing in Dehradun, is appointed as the sole Arbitrator to adjudicate the disputes which have arisen between the parties under the agreement in question.
6) The Arbitration application stands disposed of accordingly. Consent may be sought from the Arbitrator under Section 11(8) of the Arbitration and Conciliation Act.
7) Pending application(s), if any, also stands disposed of.