PNP 1 ARBAP103-08=26.8 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.103 OF 2008 Sharadkumar Madhavji Mehta ..Applicant. Vs. M/s. R.R. Traders and another ..Respondents. .... Mr. Manish P. Jagani for the Applicant. Ms. Savita Bangera i/b Mr. Anil R. Mishra for Respondents 1 and 2. ..... CORAM : DR.D.Y.CHANDRACHUD, J. 26 August 2010. P.C. : 1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996. There was a deed of partnership of 1 April 1994 between the Applicant and the Second Respondent. The partnership is at will. Clause 20 of the deed contains an agreement to refer disputes and differences between the parties to an arbitrator. Neither the deed nor the arbitration agreement are in dispute. The only contention which has been urged on behalf of the Second Respondent is that the Applicant has withdrawn certain monies from the accounts of the partnership and that PNP 2 ARBAP103-08=26.8 unless those are brought back, there would be no reference under Section 11(6). Apart from the fact that the allegation has been denied by the Applicant, this can be no defence to a reference being made to arbitration in terms of Section 11(6). Counsel appearing on behalf of the Respondents does not deny the existence of the arbitration agreement. 2. By a letter dated 10 September 2007 the Applicant’s advocate had called upon the Second Respondent to agree in the appointment of an arbitrator. In the circumstances the disputes and differences between the parties are referred to the sole arbitration of Shri S.R. Shah, Former Judge of the City Civil Court, who shall act as sole arbitrator under the Arbitration and Conciliation Act, 1996. The Application is accordingly disposed of. (Dr. D.Y.Chandrachud, J.)