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SABYASACHI BHATTACHARYYA
Chandan Chatterjee – Appellant
Versus
Gita Sundararaman – Respondent
JUDGMENT :
1. The Court: The respondents entered into a partnership on June 1, 1979 to carry on business under the name and style of “Swarna School” with effect from July 1, 1979.
2. On September 15, 1992, a further deed of partnership was entered into, altering the profit-sharing ratio of the partners. On April 12, 1998, the deed of trust was executed by the respondents/partners, constituting the Public Charitable Trust which would run the secondary section of the Swarna School, which is an educational institution. The respondents themselves remained as trustees, retaining absolute right to appoint further trustees or trustees in lieu of themselves as well as to appoint an attorney who would be entitled to have all the powers of the trustees.
3. On April 1, 2003, a further deed of partnership was entered into, incorporating certain alterations in respect of remuneration etc.
4. A supplementary deed of trust was also executed, which entitles a Managing Committing to be formed to run the school.
5. On June 8, 2012, the respondent/partners and trustees entered into a Memorandum of Understanding (MOU) for the petitioners to take over control of Swarna School and for transfer of the pa
The sufficiency of stamp duty payment rendered the document admissible, and the named arbitrator was disqualified, leading to the appointment of Hon’ble Shri Justice K. K. Lahoti as Arbitrator.
The referral court's scope under Section 11(6-A) is limited to the prima facie existence of an arbitration agreement. A formal notice under Section 21 is not mandatory if the respondent has prior kno....
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 validity and enforceability of the arbitration agreement, the arbitrability of the disputes, and the jurisdiction of the court to appoint an ar....
Parties are bound by an arbitration agreement even if they claim to have not read or understood the terms of the agreement.
The existence of an arbitration agreement under Section 11(6) allows for disputes related to a memorandum of family settlement to be arbitrable, reinforcing the principle of kompetenz-kompetenz.
Court has limited jurisdiction under Section 11 of Arbitration and Conciliation Act, 1996.
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