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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE SYAM KUMAR V.M., J
SABU JOSEPH S/o.joseph – Appellant
Versus
RAJESH S/o. RAMACHANDRAN NAIR – Respondent
ORDER :
1. Petitioner has filed this Arbitration Request invoking Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”), seeking to appoint an Arbitrator to resolve the disputes that have arisen between the petitioner and the respondents.
2. Petitioner and the respondents had entered into Annexure-1 partnership deed dated 13.06.2023 for carrying on business under the name and style “Lintas Beauty Salon & Bridal Studio”. The said partnership deed contains an arbitration clause as clause 18, which reads as follows :
“18. That if any dispute shall arise between the partners in respect of the conduct of the business of the partnership or in respect of the interpretation, operation or enforcement of any of the terms and conditions of this deed or in respect of any other matters, clause, or things whatsoever or not herein provided for the same shall be settled by arbitration.”
3. It is stated that Annexure-1 deed envisaged the petitioner to be the Managing Partner of the partnership firm and that the petitioner had taken steps towards furthering business of the firm like entering into a licence agreement with the owner of the building wherein the par
The arbitration clause in a partnership deed survives dissolution claims, allowing parties to seek arbitration for unresolved disputes.
Partnership dissolution disputes must be adjudicated in civil court; arbitration is not a viable remedy until a court validates the dissolution.
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....
The arbitration clause survives the dissolution of a partnership firm and can be invoked by any partner, including legal representatives, to resolve disputes.
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.
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....
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