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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Shashikant Chimanlal Makwana – Appellant
Versus
Pramod Karunakar Shetty – Respondent
| Table of Content |
|---|
| 1. background of llp and obligations (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. temporary injunctive reliefs granted (Para 7 , 8 , 9 , 10 , 11) |
| 3. renewal of liquor license obligations (Para 12 , 13 , 14) |
| 4. claims of discord and request for injunctions. (Para 16) |
| 5. evidence of financial transactions needed (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. mutual obligations and violations under agreement (Para 25 , 26 , 27 , 28) |
| 7. jurisdiction of section 9 (Para 29 , 30 , 31) |
| 8. constitution of arbitral tribunal (Para 32 , 33) |
| 9. direction for accounting and obligations. (Para 36) |
| 10. final orders and ongoing rights (Para 39 , 40 , 41 , 42) |
JUDGMENT :
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background :
1. Arbitration Application No. 118 of 2025 (“Application 118”) is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) whereas Arbitration Petition No.46 of 2025 (“Petition 46”) and Arbitration Petition (L) No. 10473 of 2025 (“Petition 10473”) are the Petitions under Section 9 of the Act.
2. The disputes and differences between the parties relate to a Limited Liability Partnership Agreement dated March 24, 2023 (“Agreement”). Petitioners, Shashikant Chi
The court emphasized the necessity for compliance with contractual obligations by both parties, mandating arbitration for resolutions, given the mutual indecisiveness and abusive relationship in the ....
An LLP is not a third party to its own LLP Agreement and can be a party to arbitration proceedings despite not being a signatory.
A partner cannot submit a dispute to arbitration without express authority from all partners, as required by Section 19(2)(a) of the Indian Partnership Act.
The partnership and related sale deeds were deemed void due to lack of consideration, reaffirming the arbitrability of disputes arising from contractual agreements between partners.
The words 'Arbitral Tribunal' in Section 9(3) of Act have to take colour from all said provisions and thus have to be interpreted as Arbitral Tribunal constituted to adjudicate disputes which have ar....
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....
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