2025:JHHC:12366 IN THE HIGH COURT OF JHARKHAND AT RANCHI Arbitration Application No. 28 of 2024 Manoj Kumar, S/o Shri Ramdutt Singh aged about 47 years R/o Indrapuri Road No. 10, Ratu Road, P.O. Hehal, P.S. Sukhdeonagar, Ranchi, Jharkhand Partner, M/s AARNA BCT -having its Principle Place of Business at Khata No. 4, Plot No. 767, K.P. wall house, Lalgutwa, Lalgutwa Nagri, P.O. Lalgutwa, P.S. Nagri, Ranchi, Jharkhand. ... ... ... ... ... ... Petitioner Versus Deepak Tripathi, Son of Late Rajendra Tripathi, R/o House No. 10, 12, Near Police Line, Hehal, Ratu Road, P.O. Hehal, P.S. Sukhdeonagar, Ranchi, Jharkhand 834005 Partner, M/s AARNA BCT having its Principle Place of Business at Khata No. 4, Plot No. 767, K.P. wall house, Lalgutwa, Lalgutwa Nagri, P.O. Lalgutwa, P.S. Nagri, Ranchi, Jharkhand … … ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Petitioner : Mr. Rahul Kumar Gupta, Advocate For the Respondents: Mr. Ram Naresh Singh, Advocate --------- 10/Dated: 25.04.2025 1. Heard both sides. 2. This arbitration application has been filed under section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to resolve the dispute between the petitioner and the respondents arising out of an agreement dt. 18.11.2022 (Annexure-4) between the parties. 3. The firm in question was initially constituted on 23.06.2021 with the applicant and certain 3rd parties but subsequently under the agreement/ deed of partnership dt. 18.11.2022 it was reconstituted with the firm name AARNA BCT, and in the reconstituted firm, the respondent is added as a party, while the other partners who were there originally as per the 23.06.2021 partnership deed, retired. According to the applicant, the application for registration of the newly constituted firm was made on 26.11.2022 and it was 2025:JHHC:12366 registered on 18.12.2022 as can be seen from page 19 of rejoinder filed by the applicant (Annexure-R/1 series). 4. Admittedly, the applicant gave a notice for appointment of arbitrator to the respondent on 26.07.2024 (Annexure-5) to which a reply was given on 06.08.2024 (Annexure-6) by the respondent stating that he is not interested in arbitration and that he had already filed three complaint cases against the applicant under section 420, new section 318(4) and 406 IPC new section 316(2) before the civil court, Ranchi and they are sub judice. Thus in the reply notice given vide Annexure-6, the respondent did not dispute the existence of arbitration clause. Though in the reply notice, it is stated that the firm M/s AARNA BCT has no existence, the same is belied by the certificate issued by the Registrar of the Firm filed by the respondent along with the rejoinder showing the existence of the firm as having Registration No. 497 of 2022 dt. 18.12.2022. 5. In the counter affidavit filed to this application, the respondent has taken the plea that he was legally not made a partner according to the Partnership Act after the retiring of the existing partners and that his name has not been entered in the register of firm and so he is not a partner in the eye of law. This is a blatantly false statement made by the respondent belied by his own signature in the Annexure-4 partnership deed dt. 18.11.2022, which firm had been registered on 18.12.2022 as referred to supra. 6. In this view of the matter, this application is allowed rejecting the objection filed by the respondent and Sri. L.P. Choubey, retired Principal District & Sessions Judge of this Court is hereby appointed as the Sole Arbitrator to preside over the 2025:JHHC:12366 Arbitral Tribunal and arbitrate the dispute between the parties. Learned Arbitrator would be free to lay down the fees and other expenses towards conduct of the arbitration proceedings, however keeping into account the ceiling prescribed under Schedule IV of the Act of 1996 as amended. Learned Arbitrator would endeavor to conclude the proceedings expeditiously, also taking into regard the mandate of the Legislature under Section 29-A of the Act of 1996. 7. The Registry is directed to intimate the arbitrator so appointed to take up the arbitration proceeding and provide photocopy of the entire pleadings along with copy of the entire order sheet to the learned Arbitrator. 8. Pending Interlocutory Applications, if any, stand disposed of. 9. Urgent Certified Copies as per Rules. (M.S. Ramachandra Rao, C.J.) Sharda/MM/ Cp.02