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KRISHNAN RAMASAMY
R. Subbulakshmi – Appellant
Versus
R. Venkitapathy – Respondent
JUDGMENT
Prayer: Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 29.09.2018 passed by the Arbitral Tribunal which had arisen out of the dispute between the petitioners and the respondents herein and direct the respondents to pay the costs of the proceedings.)
1. These Original Petitions are filed challenging the three interim awards passed by the Arbitral Tribunal (hereinafter called as the Tribunal) dated 28.11.2013, 15.03.2014 and 29.09.2018.
2. The parties shall hereinafter be referred to by their respective ranks in the award passed by the Tribunal.
3. THE BRIEF FACTS OF THE CASE ARE AS FOLLOWS:
3.1 The business of the Firm is the publication of a Tamil Daily Newspaper called “Dinamalar”. The said Tamil Daily was started by Late T.V.Ramasubbiyer at Trivandrum in 1951. The said T.V.Ramasubbiyer was blessed with five male issues, who were the claimants before the Tribunal. In the year 1957, T.V.Ramasubbiyer had shifted the operations of Dinamalar from Trivandrum to Tirunelveli. In the year
The Arbitral Tribunal has the authority to declare the dissolution of a partnership but lacks jurisdiction to conduct winding up activities that involve third-party interests.
The court affirmed that limitations on partnership claims do not preclude arbitration despite non-registration, and arbitrators have broad discretion to assess claims based on evidence presented.
Point of law: Arbitration - Arbitral Award - Interference by Court - Scope of powers of Appellate Court under Section 37 of Arbitration Act are more limited than limited powers of the Court hearing t....
The main legal point established in the judgment is that the dissolution of a partnership firm entitles a partner to seek settlement of accounts and interim reliefs under Section 9 of the Arbitration....
The central legal point established in the judgment is the requirement of mutual agreement for partnership dissolution and the significance of partnership deeds in determining the intention of the pa....
The legal principle established is that a partner may retire with the consent of all parties, and unequivocal admissions are necessary for judgment on admissions.
Arbitrator's award regarding goodwill valuation upheld, emphasizing limited grounds for judicial intervention under the Arbitration and Conciliation Act, 1996.
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