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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Narayan Naik – Appellant
Versus
Ranjita Naik – Respondent
| Table of Content |
|---|
| 1. partnership firm formation and succession (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on jurisdiction and partnership rights (Para 11 , 12 , 13 , 14) |
| 3. court's reasoning on jurisdiction and partnership dissolution (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 4. dismissal of petition and direction to proceed with arbitration (Para 36 , 37 , 38 , 39) |
JUDGMENT :
1. This Writ Petition is preferred by the Petitioner challenging order dated 05.02.2025 passed by the learned Senior Civil Judge (Commercial Court), Bhubaneswar in ARBP Case No.92 of 2024.
2. The present Petitioner and late Satyabrata Naik were partners of a partnership firm in the name and style of “Jyotsna Alankar” having its principal place of business at Plot No.635, Holding No.68, Ground Floor, At- Darghabazar, PO– Buxi Bazar, Cuttack, District- Cuttack. The Partnership Firm was constituted on 22nd October, 2020 and the Partnership Deed contains the following relevant clauses:
“9. That the shares of the partners in both Profit and Loss shall be EQUAL.”
“16. That in case of dispute, the matter shall be referred to a single Arbitrator selected an
Partnership continues despite a partner's death if stipulated in the partnership deed; heirs must formally reconstitute the partnership for legal continuity. High Court retains review jurisdiction un....
The exceptions under Section 69(3)(a) of the Indian Partnership Act, 1932, apply to suits seeking rendition of accounts between partners after the dissolution of a firm.
A suit cannot be instituted by an unregistered partnership firm, as per Section 69 of the Indian Partnership Act, rendering such suits barred by law.
(1) Upon the death of any partner the partnership shall not be automatically dissolved but the surviving partners may admit the legal representative of the deceased unto the partnership by mutual con....
The Court emphasized that on an application under Order VII Rule 11 CPC, only the contents of the plaint are to be considered, and the alleged violation of statutory law cannot be determined without ....
Compliance with court directions, procedural propriety, and duty of the court to dispose of applications in a timely manner.
The mere existence of an arbitration clause does not automatically oust the jurisdiction of civil courts unless explicitly stated in law.
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