2025:UHC:530 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL SRI JUSTICE G. NARENDAR, C.J. 10TH JANUARY, 2025 ARBITRATION PETITION NO. 40 OF 2024 Between: Bikram Singh Negi …………….Applicant and Diwan Singh Sajwan and others. …...…Respondents Counsel for the applicant : Mr. Ankit Singh, learned counsel. Counsel for the respondents : None. Upon hearing the learned Counsel, the Court made the following JUDGMENT : Heard learned counsel for the applicant. 2. Case is called. There is no representation on behalf of the respondents. Even on the previous date, there was no representation on behalf of the respondents, and it was ordered that in the event, there is no representation on the next date of hearing, the matter would be taken-up for disposal. 3. Learned counsel for the applicant would take this Court through Paragraph No. 21 of the Partnership- Deed, which reads as under:- “21. That in case any dispute arises among the partners in respect of any other matter 2025:UHC:530 2 which cannot be resolved among themselves it shall be referred to Arbitration(s) as per the provisions of Indian Arbitration Act, as may be in force, from time to time. Any decision or award there under shall be binding upon both the partners here to.” 4. In that view, there is no dispute about the existence of the arbitration agreement. Further, learned counsel for the applicant would take this Court through notice dated 23.07.2024, being notice mandated under the Arbitration Act. The applicant has put the respondents on notice regarding intention of invoking the arbitration clause and also where under various heads, claim amount has been quantified. 5. In that view, the Application not being opposed is allowed. 6. Mr. Balbir Prasad, retired District Judge, R/o HIG 1423, Indirapuram, MDDA Colony, GMS Road, Dehradun is appointed to officiate as an Arbitrator to adjudicate the disputes that have arisen between the parties on merits, in accordance with the Act. 7. Let a copy of this order be communicated to Mr. Balbir Prasad, retired District Judge. 8. The Application stands disposed of accordingly. 2025:UHC:530 3 9. There shall be no order as to costs. 10. In sequel thereto, all pending Applications stand disposed of. ________________ G. NARENDAR, C.J. Dt: 10th January, 2025 Rathour PRAVINDRA S RATHOUR Digitally signed by PRAVINDRA S RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3a eb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6 179B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA S RATHOUR Date: 2025.01.13 15:08:32 +05'30'