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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
SUNIL PRAKASHCHANDRA MALOOV/sM/S. SURANA MALOO.CO. – Appellant
Versus
Surana Maloo Co. – Respondent
| Table of Content |
|---|
| 1. challenge to arbitration order based on partnership deed. (Para 2 , 3) |
| 2. arguments against applicability of arbitration clause due to changing partners. (Para 4 , 5 , 6 , 7) |
| 3. court's reaffirmation of arbitration agreement validity. (Para 8 , 9) |
| 4. legal obligations of the civil court under section-8 of the arbitration act. (Para 10 , 11 , 12) |
| 5. conclusion to dismiss the petition. (Para 13 , 14 , 15) |
ORDER :
SUNITA AGARWAL, C.J.
1. Heard Mr. Udit N. Vyas, learned advocate appearing for the petitioner and Mr. S.P. Majmudar, learned advocate appearing for the respondents.
2. By means of the present petition invoking the extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner herein, the plaintiff in Commercial Civil Suit No.51 of 2022 seeks to challenge the order dated 25.11.2025, whereby the Commercial Court has allowed the application under Section-8 of the Arbitration and Conciliation Act, 1996, thereby referring the parties to agitate the dispute before the Arbitrator.
3. The Commercial Court categorically records that the deed of retirement of partner from the Partnership, wherein Clause 24 stipulated about the disput
The civil court must refer disputes to arbitration as per Section 8 of the Arbitration Act when an arbitration clause exists, focusing on jurisdiction ouster rather than civil jurisdiction retention.
The court upheld the validity of an arbitration clause in a partnership agreement, enabling resolution of disputes through arbitration.
Legal heirs of a deceased partner are bound by the arbitration clause in the partnership deed, allowing disputes to be referred to arbitration despite the death of a partner.
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.
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....
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.
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