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R. RAGHUNANDAN RAO, HARINATH NUNEPALLY
Dharmateja Bar and Restaurant, Vijayawada, Krishna District – Appellant
Versus
Nathani Bhupathi Rao – Respondent
JUDGMENT :
1. The 1st respondent herein had filed OS No.37 of 2006 before the II Additional District Judge (Fast Track Court), Vijayawada, for settlement of accounts in relation to a partnership firm, which is the 1st appellant herein. The appellants 2 to 4, who are the partners of this firm, were also arrayed as defendants 2 to 4 in the suit.
2. The appellants herein had filed an application in IA No.4592 of 2006 in OS No.37 of 2006 under Section 8 (1) of the Arbitration and Conciliation Act, 1996 [for short ‘the Act, 1996’], contending that the alleged dispute would have to be referred to arbitration, inasmuch as, the partnership deed, relied upon by the 1st respondent, contained an arbitration clause. This application was dismissed by the Trial Court. Aggrieved by the same, the appellants moved the erstwhile High Court of Andhra Pradesh by way of filing CRP No.4109 of 2007. It appears that the 1st respondent herein expressed no objection for reference of the dispute to arbitration. Recording this concession, a learned Single Judge of the erstwhile High Court of Andhra Pradesh, by judgment, dated 20.03.2009, closed the civil revision petition granting liberty to the parties to appr
Court clarified that initial appointment of an Arbitrator must derive authority from the Arbitration Act, rejecting jurisdiction under Section 8 and confirming that participation does not waive juris....
A partner lacks authority to represent a firm in arbitration without the express consent of other partners, and appointment of a substitute arbitrator requires adherence to agreed procedures under th....
Procedural objections regarding the appointment of arbitrators in ICA do not invalidate an arbitral award unless linked to non-derogable provisions or demonstrated prejudice.
The main legal point established in the judgment is the requirement for an unequivocal and unambiguous consent by the parties to arbitrate, and the application of the prima facie test to determine th....
The court reaffirmed that the scope of inquiry under Section 11 is limited to determining the prima facie existence of an arbitration agreement, and the withdrawal of a prior application does not con....
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
The main legal point established in the judgment is the significance of parties' consent in appointing arbitrators and the consequences of their conduct in adhering to the arbitration agreement.
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