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SHEKHAR B. SARAF
Partha Pratim Banerjee – Appellant
Versus
Satya Narayan Jaiswal – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. The petitioner no. 1, Partha Pratim Banerjee and petitioner no. 2, Joseph Emmanuel Gomes, carry on business under the name and style of “RPS Enterprise” (hereinafter referred to as the ‘firm’) as partners from premises no. 77/1A, Park Street, Police Station-Park Street, Kolkata 700016.
2. The respondent no. 1, Satya Narayan Jaiswal and respondent no. 2, Pradip Jyoti Agarwal are also partners carrying on business under the name and style of the firm.
3. The respondent no. 3 is the firm having its registered office at premises no. 77/1A, Park Street, Police Station-Park Street, Kolkata 700016 (hereinafter referred to as ‘the premises’).
Relevant Facts:
4. The petitioners and the respondents no. 1 and 2 (hereinafter referred to as ‘the partners’) formed a partnership business, that is the firm, for the purpose of running and operating a restaurant and/or bar. The partners named the said restaurant ‘Copper Handi’.
5. A deed of partnership dated September 24, 1998 (hereinafter referred to as ‘the deed of partnership’) was executed between the partners. The firm was brought to life for a period of at-least 21 years for operating the restaurant from the premise
The main legal point established in the judgment is that the dispute amongst the partners regarding the dealings of the firm could be referred to arbitration as per the partnership deed, but once the....
A new cause of action cannot revive an arbitration petition previously dismissed as barred by limitation; the original denial of the agreement remains effective.
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 main legal point established in the judgment is that a purportedly fresh cause of action cannot extend the limitation period for filing an arbitration petition, and the court may dismiss a petiti....
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