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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, SHUBHA MEHTA
Srasti Liquor Bottling LLP – Appellant
Versus
Sita Rajesh Varma W/o Shri Rajesh Shamlal Varma – Respondent
| Table of Content |
|---|
| 1. overview of facts leading to llp dispute and interim commercial court order. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments concerning wrongful expulsion, procedural delays, and jurisdictional competence. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 3. limited scope of judicial intervention in arbitral matters under section 9 and 37 of arbitration act. (Para 29 , 30 , 31 , 32 , 33 , 38 , 39 , 40 , 41) |
| 4. mandatory adherence to contractual procedures contained in llp agreement for partner expulsion. (Para 34 , 35 , 36 , 37) |
| 5. interim measures must protect property without granting final relief or exceeding arbitral jurisdiction. (Para 42 , 43 , 44 , 45 , 46 , 47 , 49 , 50) |
JUDGMENT :
SANJEEV PRAKASH SHARMA, CJ.
Facts of the Case
1. The brief facts which are required to be taken into consideration for adjudication of this appeal are that the appellant No.2 and the respondent entered into a Limited Liability Partnership (hereinafter referred to as 'LLP') on 26.09.2020 and set up a LLP with registered office at Jaipur. It was duly registered under the Limited Liability Partnership Act, 2008 (hereinafter referred
The court upheld limited access to a frozen bank account for statutory dues, ruling that broader business operations require commencement of arbitral proceedings within a specified timeframe.
Considering the issue of jurisdiction of civil Court to entertain an application under section 9 of the Act, 1996 in a dispute among the partners of LLP, the Court need not go into the question wheth....
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....
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