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HIGH COURT OF RAJASTHAN
ASHOK KUMAR GUPTA SON OF LATE SHRI KALYAN PRASAD GUPTA – Appellant
Versus
PRAKASH CHANDRA GUPTA S/O LATE DR. RAMKUMAR GUPTA – Respondent
| Table of Content |
|---|
| 1. factual context regarding the partnership firm and arbitration intent. (Para 1 , 2) |
| 2. contentions establishing the existence of a dispute between partners. (Para 3 , 4 , 5 , 6) |
| 3. procedural objections regarding section 21 notice and maintainability. (Para 7 , 8 , 9) |
| 4. scope of inquiry confined to existence of arbitration agreement. (Para 10 , 11 , 12) |
| 5. knowledge of dispute suffices for valid arbitral commencement. (Para 13 , 14 , 15) |
| 6. appointment of sole arbitrator and procedural directions for proceedings. (Para 16 , 17 , 18 , 19 , 20 , 21) |
JUDGMENT :
SANJEEV PRAKASH SHARMA, J.
1. This is an application which has been filed seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the ‘Act of 1996’) and as per the arbitration clauses enshrined in the partnership deeds.
2. The applicants are two partners of a registered partnership firm operating under the name of M/s. Kota Service Station (hereinafter referred to as ‘firm’) which is in the business of petrol, diesel and other petroleum products in collaboration with M/s. Hindustan Petroleum Corporation Limited (hereinafter referred to as ‘HPCL
The referral court's scope under Section 11(6-A) is limited to the prima facie existence of an arbitration agreement. A formal notice under Section 21 is not mandatory if the respondent has prior kno....
Arbitration clause persists despite challenges; disputes require arbitrator resolution.
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
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 ....
Court clarified that initial appointment of an Arbitrator must derive authority from the Arbitration Act, rejecting jurisdiction under Section 8 and confirming that participation does not waive juris....
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....
The court clarified the applicability of legal provisions related to arbitration, stamping, registration, dissolution of partnership firm, and limitation, emphasizing the enforceability of arbitratio....
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 reaffirmed that the scope of inquiry under Section 11 is limited to determining the prima facie existence of an arbitration agreement, and the withdrawal of a prior application does not con....
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