THE HON’BLE Ms. JUSTICE G.ROHINI Arbitration Application No. 186 of 2010 Date: 15.02.2011 Between: Smt. Kanuri Nirmala Devi and another. …Petitioners And Smt. Kanuri Mamtha, and another. …Respondents THE HON’BLE Ms. JUSTICE G.ROHINI Arbitration Application No. 186 of 2010 O R D E R: This application is filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 with a prayer to appoint an Arbitrator for adjudication of disputes and differences in respect of Cinema Hall Narthaki as provided under the partnership deed dated 29.11.2004. Heard the learned counsel for the applicant. Despite notice, the respondents did not choose to appear. The material available on record shows that a partnership deed was entered into between the applicants and the respondents on 29.11.2004 and clause 16 of the said deed provides for arbitration for adjudication of the disputes between the parties. The said clause reads as under: “Any dispute arising between the partners either during the existence of partnership or after its dissolution shall be referred to arbitrator to be elected by each of the partners and the decision of the such arbitration shall be final and binding on all the partners.” Alleging that the respondents herein have been acting contrary to terms agreed upon in the partnership deed dated 29.11.2004, the applicants got issued a legal notice dated 18.11.2009 invoking the arbitration clause. In response to the same, the 2nd respondent by letter dated 22.12.2009 proposed the name of Sri M.Marx, S/o late Suryanarayana as his Arbitrator. However, the 1st respondent did not respond. Thereafter, the applicants by notice dated 29.12.2009 informed the respondents that the 1st applicant herein had nominated Sri K.A.V.Prasada Rao, S/o late Venkata Krishnaiah and the 2nd applicant has nominated Sri Kanuri Ramachander Rao, S/o late Venkata Krishnaiah as their Arbitrators. Though the said notice was duly served, the 1st respondent failed to respond. Hence, the present application. Having regard to the facts and circumstances noticed above and keeping in view that the parties herein have already nominated three arbitrators in terms of clause 16 of the partnership deed, dated 29.11.2004, the application is allowed and Sri M.Marx, S/o late Suryanarayana, K.A.V.Prasada Rao, S/o late Venkata Krishnaiah and Sri Kanuri Ramachander Rao, S/o late Venkata Krishnaiah are hereby appointed as Arbitrators for resolution of disputes arising out of the partnership deed dated 29.11.2004. It is open to the learned Arbitrators to fix their own fee. Arbitration application is accordingly allowed. No costs. ______________ G.ROHINI,J Date : 15.02.2011 KLP