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ROBIN PHUKAN
Rampat Lal Verma, S/o. Late Sahindar Prasad Verma – Appellant
Versus
Rahul Verma, S/o. Late Sampat Lal Verma – Respondent
JUDGMENT :
Robin Phukan, J.
Heard Mr. P.J. Saikia, learned Senior Counsel, assisted by Mr. A.K. Gupta, learned counsel for the appellant and Mr. S. Dutta, learned Senior counsel, assisted by Ms. S. Mochahari, learned counsel for the respondents.
2. This appeal, under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, is directed against the order dated 09.08.2024, passed by the learned Civil Judge (Senior Division), Dibrugarh, in Misc. (J) Case No. 206/2024, arising out of Commercial Suit No. 02/2024.
3. It is to be noted here that vide impugned order dated 09.08.2024, the learned Civil Judge (Senior Division), Dibrugarh (‘trial Court’, for short) had dismissed the Petition No. 3608/2024, filed by the appellant/defendant No. 1, under Section 8 of the Arbitration and Conciliation Act, 1996 (‘Act of 1996’, for short), praying for dismissal of the analogous Commercial Suit by referring the parties to go for arbitration, under Section 8 of the Act of 1996.
4. The background facts, leading to filing of the present appeal, are briefly stated as under :
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.
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....
Dissolution of partnership - Non-compliance of Clause 18 of Partnership Deed - Absence of any embargo to refer post dissolution dispute to Arbitrator, it is not possible to accept that Arbitration cl....
The arbitration agreement survives the death of a partner, and legal representatives of the deceased are entitled to enforce the agreement and participate in arbitration proceedings.
Arbitration agreement – Existence of an arbitration agreement is not affected by death of a party to arbitration agreement.
Point of law: Arbitration - Arbitral Award - Interference by Court - Scope of powers of Appellate Court under Section 37 of Arbitration Act are more limited than limited powers of the Court hearing t....
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