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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Exchange – Appellant
Versus
Pradip Kumar Ganeriwala – Respondent
| Table of Content |
|---|
| 1. arbitration clause applicability. (Para 1 , 2 , 3) |
| 2. parties to arbitration agreement. (Para 4 , 5 , 6 , 8 , 10) |
| 3. non-signatory party obligations. (Para 14 , 20) |
| 4. court's dual role under section 8. (Para 26 , 27 , 30 , 36 , 40) |
| 5. dispute referred to arbitration. (Para 72 , 73 , 74) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) arises out of an order passed in CS (COM) 544 of 2024 dismissing the application filed by the defendant nos.1 to 4 (present appellant nos.1 to 4) under Section 8 of the 1996 Act, bearing GA (COM) 4 of 2024, for referring the matter to arbitration.
2. The appellants rely on Clause 12 of a deed of partnership dated August 23, 1994 entered into between defendant/appellant no.2 and plaintiff/respondent no.1, thereby forming M/s Exchange, the defendant/appellant no.1-partnership firm. Clause 12 is an arbitration clause, providing that in case of any dispute arising between the partners or their representatives, the same shall be referred for decision of the Chief Divisional Manager of Bharat Petroleum Corporation Limited (BPC
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