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2020 Supreme(Mad) 1987

C.V.KARTHIKEYAN
New Pattukottai Kamatchi Mess, Represented by its Proprietor, G. Sudhakar – Appellant
Versus
New Pattukottai Kamatchi Mess – Nunpahal Unavagam LLP, Represented by its Designated Partner, K. Selvakumar – Respondent


Advocates Appeared:
For the Applicant :Mari Shankar, Senior Counsel, Kavitha Rameshwar, Advocates
For the Respondent:T.S. Baskaran, Advocate

JUDGMENT :

(Prayer: This application filed under Order XIV Rule 8 of O.S Rules R/w. Section 8 of Arbitration and Conciliation Act to refer the parties to this suit to arbitration proceedings as per clause 31 of the limited liability partnership agreement dated 28.09.2018 and consequently, dismiss the suit.)

1. Application filed under Section 8 of the Arbitration and Conciliation Act 1996 seeking to refer the parties to the suit to arbitration proceedings as per clause 31 of the Limited Liability Partnership Agreement dated 28.09.2018 and consequently, dismiss the suit.

2. In the affidavit filed in support of the said application, the applicant had stated that the suit had been filed suppressing crucial material facts. It had been stated that the applicant and the respondent had entered into a partnership on 14.10.2017 for carrying on restaurant business in the name and style of “New Pattukottia Kamatchi Mess”. It was started in T.Nagar. Thereafter, a Limited Liability Partnership was formed on 28.09.2018. By Supplemental Agreement dated 12.10.2018, further partners were included. It was stated that the goodwill in the trademark “New Pattukottai Kamatchi Mess”, logo, trademark and com

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