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2023 Supreme(Bom) 1627

MANISH PITALE
Shailesh Ranka – Appellant
Versus
Windsor Machines Limited – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Ms. Rima Desai a/w. Mr. Rudra Deosthali i/b. Parinam Law Associates
For the Respondent: Mr. Nausher Kohli a/w. Ms. Shruti Maniar, Ms. Sannaya Gandhy and Mr. Aniket Worlikar i/b. Solomon & Co., Mr. S. S. Panchpor

ORDER :

In this application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), respondent No.1 has raised two objections, claiming that if the two or any one of the objections is sustained, the application would have to be dismissed. The first objection raised on behalf of respondent No.1 is that, the procedure under the dispute resolution mechanism agreed between the parties, as part of an investment agreement, was not properly followed, inasmuch as the process of amicable resolution of disputes before neutral persons was not exhausted before arbitration was invoked by the applicants. The second objection is on the ground that, although the applicants and respondent No.2 formed a partnership in order to enter into the investment agreement with respondent No.1, the notice invoking arbitration was issued only on behalf of the applicants and that respondent No.2, despite being a partner, did not join in issuing the invocation notice. Even before this Court, respondent No.2 clearly expressed its intention of not supporting the applicants. By referring to Section 19(2)(a) of the Indian Partnership Act, 1932 (Partnership Act) and certain judgements, t

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