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2022 Supreme(Mad) 3837

SATHI KUMAR SUKUMARA KURUP
R. K. Kumar – Appellant
Versus
Nachiappan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R. Ezhilarasan.
For the Respondents: R. Rajarajan, P.T. Ramkumar.

ORDER :

Prayer: This Civil Revision Petition had been filed under Article 227 of Constitution of India to strike off the Plaint in O.S.No. 83 of 2020 on the file of the learned I - Additional District Munsif Court, Salem.

1. This Civil Revision Petition had been filed to strike off the Plaint in O.S.No. 83 of 2020 on the file of the learned I - Additional District Munsif Court, Salem.

2. It is the contention of the learned Counsel for the Petitioner that the learned District Munsif Court at Salem does not have territorial Jurisdiction, as the place of business is at Tindivanam Taluk. There is a Partnership deed between the Petitioners herein and the Respondents 1 and 2, who are the Partners in the firm Nachiappan & Co. When ever there is any dispute between the Partners, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The dispute mentioned in the Plaint is to be referred to the Arbitration, as per the Arbitration Clause between the Partners of the Partnership firm Nachiappan & Co. Therefore, the learned District Munsif Court, Salem ought not to have entertained the Suit in O.S.No. 83 of 2020. On that two grounds this Civil Revision Petition is fil

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