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M. SUNDAR
R. Vedagiri – Appellant
Versus
K. Rajakumari – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate upon the differences and disputes between the parties hereto as per the Partnership Deed dated 11.07.2016.)
1. This order will now dispose of the captioned 'Arbitration Original Petition' (hereinafter 'Arb OP' for the sake of brevity) which is presented in this Court on 14.12.2021 under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity] with a prayer for appointment of an Arbitrator.
2. Mr.D.Parthasarathy, learned counsel for sole petitioner and Ms.R.Roshini, learned counsel representing Mr.Rohan Rajasekaran, learned counsel for both the respondents in the captioned Arb.OP are before this Court.
3. Read this in conjunction with and in continuation of earlier proceedings made by Hon'ble predecessor Judge on 03.01.2022 followed by proceedings made in the listing on 19.01.2022 and my proceedings dated 28.03.2022, which read as follows:
'Proceedings dated 03.01.2022
Issue notice to the respondents returnable on 19.01.2022. Private notice is also permitted.
2. List th
The main legal point established in the judgment is the limited legal scope of examining the existence of an arbitration agreement as per Section 11 of the Arbitration and Conciliation Act, 1996, and....
The central legal point established in the judgment is the narrow scope of examination under Section 11(6A) of the Arbitration and Conciliation Act, 1996, leading to the appointment of a sole arbitra....
The main legal point established in the judgment is the statutory perimeter of Section 11(6A) of the Arbitration and Conciliation Act, 1996, and the Court's adherence to relevant case laws in appoint....
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.
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....
An unregistered partnership deed does not bar the enforcement of arbitration clauses within it, allowing for dispute resolution under the Arbitration and Conciliation Act.
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