IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA OMPM No.4 of 2001 Date of decision : May 4, 2010 Pritam Singh …Petitioner. Versus Sushma Chauhan and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. J.S. Bhogal, Senior Advocate, with Mr. P.C. Sharma, Advocate. For the Respondents : Mr. Ramakant Sharma, Advocate. Surjit Singh, J (Oral) Heard and gone through the record. 2. Present petition, under Section 11(6) of the Arbitration and Conciliation Act, has been moved for appointment of an Arbitrator to settle a dispute, which is alleged to have arisen between the parties and is covered by the arbitration clause of the agreement (Deed of Partnership), contained in Para-21 of the said Deed. It is stated that the dispute is with regard to the share of the petitioner in the profits of the partnership business. 3. Respondents have filed reply. They say that Deed of Partnership is vitiated by fraud, as the signature of the respondent on this document had been obtained by playing fraud on her. Whether reporters of the local papers may be allowed to see the judgment? …2… 4. Question, whether the agreement (Deed of Partnership in this case) is genuine or is the result of fraud, can be gone into by the Arbitrator himself, per provision of Section 16 of the Arbitration and Conciliation Act. Therefore, the objection raised by the respondents cannot stand in the way of appointment of Arbitrator. 5. Partnership business of the parties is being run at Paonta Sahib. Therefore, it would be in the interest of the parties that someone from District Sirmour is appointed as Arbitrator in the matter. Shri Nissar Ahmed Sheikh, a practicing Advocate of Nahan, is appointed as Arbitrator in the matter, who shall, before deciding the dispute, which is alleged to have arisen between the parties, decide the objection of the respondents as to the validity of the agreement (Deed of Partnership) itself. Fee of the Arbitrator is fixed at Rs.50,000/-, which shall be borne by both the parties, equally. Registry is directed to comply with this order. Petition stands disposed of. Pending applications also stand disposed of, as having become infructuous. May 4, 2010(sd) ( Surjit Singh ), J