HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No.48/2022 CM No.6875/2024 Danveer Singh, Age 36 years S/O Late Surinder Singh R/O Taraf Manjali, Tehsil and District Kathua ….Petitioner(s)/Appellant(s) Through :- Mr. G.S. Thakur, Advocate. V/s Pawan Kumar Mehta S/O Late Raj Kumar R/O Ward No.3, Krishna Colony, Near Mahajan Cycle Mart Opposite DSP School Near Sunil Chowdhary Chowk Kathua ….Respondent(s) Through :- None. CORAM: HON’BLE THE CHIEF JUSTICE ORDER 01.03.2025 CM No.6875/2024 This is an application seeking permission of this court to place on record certain documents. On examination coupled with submissions advanced by the learned counsel for the applicant, the same is allowed and the documents are directed to be taken on record. CM No. 6875/2024 is allowed. Arb P No.48/2022 1. Vide order dated 31.10.2024, this court had directed that this matter shall be considered finally in absence of objections if the same are not filed before the next date of hearing. There is no representation on behalf of the respondent despite service of notice upon him through publication mode in two newspapers. It shows that the respondent has no objection in case this matter is Sr. No. 03 2 Arb P No. 48/2022 referred to an independent arbitrator for resolution of disputes arisen between the parties. 2. I have heard Mr. G.S Thakur, learned counsel for the petitioner and perused the record. 3. The present petition has been filed by the petitioner seeking appointment of an independent Arbitrator under Section 11(6) of the J&K Arbitration and Conciliation Act, 1996, to resolve the dispute that has arisen between the parties. 4. It is averred in the petition that on 27.02.2012, the respondent and the late father of the petitioner enter into partnership and started the business under the name and style of Auto leads Kathua containing Clause 18 for adjudicating dispute regarding partnership business through arbitration. That on 23.09.2020, the father of the petitioner who was the partner having 50 percent share in the partnership expired succeeded by the petitioner. On 07.08.2021, civil suit for permanent prohibitory injunction was filed by the respondent against the petitioner with the relief not to interfere in the assets, establishment and working of business of the partnership. Finally, on 02.09.2022, the petitioner issued notice under Section 45 of the Arbitration and Conciliation Act for appointment of conciliator to decide the dispute pertaining to the partnership and also for appointment of arbitrator. 5. Clause 18 of the Deed of Partnership provides that all the matters of dispute regarding partnership business shall be decided by the arbitrators duly appointed by the partners. 6. Annexure-I to CM No. 6875/2024 is the notice dated 02.09.2022 issued to the respondent by the petitioner for appointment of conciliator to decide the dispute pertaining to the partnership M/s Autoleads, Kathua. Through the 3 Arb P No. 48/2022 medium of notice (supra), it was informed to the respondent to suggest the names of conciliator for the appointment of the impartial and independent conciliator and inform the petitioner within a period of 30 days from the date of receipt of the notice. On no action on the part of the respondent, the petitioner has approached this court by way of filing this petition under Section 11(6) of the Arbitration and Conciliation Act for appointment of an independent arbitrator for resolving the disputes between the parties. 7. Perusal of the petition would show that the petitioner has raised certain claims which, according to the petitioner, have not been addressed by the respondent, this Court is of the view that a dispute exists between the parties, which would require resolution. 8. In light of the facts and circumstances of the case, the present petition is disposed of by appointing Mrs. Rozina Afzal, Advocate, R/O Shahid Villa, Zero Lane Opp. Wave Mall, Near Jio Call Centre Simula, Vidhata Nagar, Bathindi, Jammu, to act as the sole Arbitrator who shall proceed in the matter to decide the dispute between the parties and make an award in accordance with law after hearing the parties and charging the prescribed fee along with incidental expenses to be shared by the parties. 9. Parties may raise their claims and counter claims before the Arbitrator. 10. Registry to inform the Ld. Arbitrator accordingly. 11. With the above observation and direction, the petition stands disposed of. Jammu: 01.03.2025 Raj Kumar ) (Tashi Rabstan) Chief Justice Whether the order is speaking? : Yes/No. Whether the order is reportable?: Yes/No.