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2021 Supreme(Mad) 1922

ABDUL QUDDHOSE
S. Sivagurunathan – Appellant
Versus
R. Mennan – Respondent


Advocates Appeared:
For the Appellant : K. Balachandran.
For the Respondents: R. Venkat Raman, T.M. Naidu & Co.

JUDGMENT :

(Prayer: The Civil Miscellaneous Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 against the Order dated 02.03.2021 in an Application filed by the first respondent dated 24.01.2021.)

1. This appeal raises an important question of law namely under what circumstances an Arbitration Agreement binds a non-signatory to the said agreement.

2. Certain disputes arise between the parties of a registered partnership firm by name Asvini Foundations. Under the Partnership Deed dated 24.04.2000, the Appellant S. Sivagurunathan and the second respondent Aarti Razee were the partners. Thereafter under the Partnership Deed dated 01.06.2006, Narendra Srisrimal and Surendar Srisrimal were inducted as partners. Thereafter, the partnership firm was reconstituted under a Deed of Reconstitution of Partnership dated 01.04.2009 under which, Sandeep Mehta was inducted as a partner. On 01.04.2011, Narendra Srisrimal and Surendar Srisrimal retired from partnership firm under a Retirement Deed dated 01.04.2011 and on the same date, another Deed of Reconstitution of Partnership was executed by the remaining partners namely the Appellant S. Sivagurunathan, the second responde

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