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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Heeranand Narwani S/o Late Shri Chatta Ram Nirwani – Appellant
Versus
Manifest Ventures LlP – Respondent
Order :
ARUN MONGA, J.
1. Application herein is under section 11 of the Arbitration & Conciliation Act, 1996 with the prayer to appoint a sole arbitrator to decide/adjudicate upon the dispute between the parties arising out of an agreement dated 12.08.2019 (Annex.2).
2. Case set up in application is that the applicant and the Non- Applicants jointly established a Limited Liability Partnership (LLP) under the name M/s Manifest Ventures LLP for the purpose of land development and related real estate activities. The LLP was duly incorporated on 06.08.2019, under the provisions of the Limited Liability Partnership Act, 2005. As per the LLP Agreement, the Applicant held a 99% ownership stake and contributed the majority of the capital. The LLP Agreement clearly outlined the respective rights, obligations, and capital contributions of the partners, along with procedures governing resignation, removal, and distribution of profits.
2.1. In furtherance of the LLP’s business objectives, the partners identified and agreed to acquire a key property located at Plot No.396, Main "C" Road, Sardarpura, Jodhpur, measuring 6610.99 square feet, valued at approximately ₹11 crores. Initially, the Applicant
The court emphasizes that mere allegations of fraud do not invalidate arbitration agreements unless the nature of fraud is serious and complicated.
The arbitration clause in a partnership deed survives dissolution claims, allowing parties to seek arbitration for unresolved disputes.
The main legal point established is that if a contract contains an arbitration clause and the Arbitrator has not been appointed, the High Court is required to appoint an Arbitrator for resolution of ....
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 court established that parties must adhere to arbitration as per the arbitration clause in the Partnership Deed, affirming the arbitrator's jurisdiction over disputes arising from the partnership....
The main legal point established in the judgment is the narrow interpretation of Section 11(6) and the legislative policy to minimize court intervention in appointing arbitrators.
Partnership dissolution disputes must be adjudicated in civil court; arbitration is not a viable remedy until a court validates the dissolution.
Appointment of Arbitrator – When existence of arbitration agreement itself is in serious dispute and requires adjudication, appointment of Arbitrator would be premature and legally impermissible.
The main legal point established is that the ban under Section 69 of the Partnership Act, 1932 does not apply to arbitration proceedings, and the existence of a dispute and the invocation of the arbi....
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