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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C. SARAVANAN
V.G.Panneerdas and Company – Appellant
Versus
V.G.S.Vinodh Raj, Partner of M/s.V.G.Panneerdas and Company – Respondent
ORDER :
In O.P.Nos.310 to 313 of 2021, the petitioners have challenged the impugned preliminary award dated 18.03.2021 passed by the Arbitral Tribunal under Section 34 (2)(a)(iv), Section 34 (2)(b)(ii) and Section 34 (2-A) of the Arbitration and Conciliation Act, 1996.
2. In Arb.O.P.(Com.Div.) Nos.229 to 232 of 2021, the petitioners have prayed for termination of the mandate of the Arbitral Tribunal presided over by the Hon'ble Mr.Justice K.Kannan, Retired High Court Judge, from continuing with the arbitral proceedings who passed the impugned preliminary award dated 18.03.2021.
3. The impugned preliminary award dated 18.03.2021 passed by the Arbitral Tribunal addresses disputes arising from 7 different claim petitions filed by the partners (family members of Late Mr.V.G.Panneerdas) of the three Partnership Firms carried on by them viz., M/s.V.G.Panneerdas & Company, M/s.V.G.P. Investments and M/s.V.G.P. Beach Housing. Details of the Original Petitions challenging the impugned preliminary award dated 18.03.2021 passed in the 7 claim petitions are as under:-
| Claim No.1 of 2019 | Claim Nos. 2 to 4 of 2019 | Provision |
| Arb.O.P. (Com.Div.) No.232 of 2021 | Arb.O.P. (Com.Div.) Nos.229 to 231 of 2021 | Sec |
The court ruled that partnerships cannot be dissolved without proper evidence and consent, emphasizing the need for independent arbitration for distinct entities.
Scope of an arbitration agreement is limited to the parties who entered into it and those claiming under or through them, Courts under English Law have, in certain cases, also applied the 'Group of C....
A non-signatory party could be subjected to arbitration provided these transactions were with group of companies and there was a clear intention of the parties to bind both, the signatory as well as ....
Limited grounds for annulment of arbitral awards and the need to refrain from appreciating or re-appreciating matters on facts as well as on law.
The main legal point established in the judgment is that the dispute amongst the partners regarding the dealings of the firm could be referred to arbitration as per the partnership deed, but once the....
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