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SHEKHAR B. SARAF
Jayant Chaurasia – Appellant
Versus
Anup Kumar Chaurasia – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking appointment of a sole arbitrator to arbitrate all disputes and differences which have arisen between the parties in relation to the partnership agreement dated April 25, 1997.
2. The relevant facts necessary for the determination of this application are as follows:
b. Originally, the father and uncle of the petitioner, namely, Shaligram Chaurasia and Kashinath Chaurasia were the partners of the said partnership business. In 1997, the petitioner and respondent were inducted as the partners of the said partnership business on the terms and conditions as recorded and mentioned in the partnership deed dated April 25, 1997.
c. By efflux of time, Kashinath Chaurasia and Shaligram Chaurasia expired in 2011 and 2012
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 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 is the court's reliance on the unequivocal admission of the respondent and the presence of his signature on the Deed of Retirement to affirm the existence of the arbi....
Arbitration clauses in prior agreements continue to bind new partners despite subsequent agreements lacking such clauses; issues about stamp duty deficiencies can be raised in arbitration.
The main legal point established in the judgment is that the bar imposed under Section 69 of the Partnership Act, 1932, does not apply to arbitration proceedings under the Arbitration and Conciliatio....
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....
An unregistered partnership deed does not bar the enforcement of arbitration clauses within it, allowing for dispute resolution under the Arbitration and Conciliation Act.
An arbitration clause in a partnership deed is valid and enforceable even if the partnership is unregistered, and the dispute pertaining to such partnership can be referred to arbitration.
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