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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Ranjita Naik – Appellant
Versus
Laxmipriya Naik – Respondent
| Table of Content |
|---|
| 1. summary of the parties and their claims in the lawsuit. (Para 1 , 2 , 3) |
| 2. arguments regarding the necessity of producing original documents for arbitration. (Para 4 , 10 , 16) |
| 3. observations about legal requirements for arbitration reference compliance. (Para 5 , 6 , 7 , 9 , 11 , 12 , 14 , 15) |
| 4. ratio decidendi focusing on compliance with statutory requirements under section 8. (Para 8 , 13) |
| 5. final decision to dismiss the c.m.p. (Para 17) |
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. A.P. Bose, learned Advocate for the Petitioners, Mr. G.R. Sahoo, learned Advocate for Opposite Parties 1 & 2, Mr. J. Pal, learned Advocate for Opposite Parties 3(b) to 3(d) and Mr. T.K. Mishra, learned Advocate for Opposite Party No.4.
2. Present C.M.P. is directed against the order dated 29.03.2025 of the learned Senior Civil Judge, 1st Court, Cuttack passed in C.S. No.1161 of 20224, wherein the prayer of the Defendants 3 to 5 to treat the certified copy of the partnership deed for the purpose of arbitration has been refused and they are directed to produce the original thereof.
3. Present Opposite Parties 1 & 2 are the Plaintiffs, who filed the suit, praying for declaration relating to the
A duly certified copy of the original arbitration agreement is required for reference to arbitration under Section 8(2) of the Arbitration and Conciliation Act, 1996; a certified copy from a photocop....
Arbitration clauses in prior agreements continue to bind new partners despite subsequent agreements lacking such clauses; issues about stamp duty deficiencies can be raised in arbitration.
An arbitration clause in a partnership deed is valid and enforceable even if the partnership is unregistered, and the dispute pertaining to such partnership can be referred to arbitration.
The broad interpretation of the arbitration clause in the partnership deed and the arbitrability of claims relating to the company under the Arbitration and Conciliation Act, 1996.
Legal heirs of a deceased partner are bound by the arbitration clause in the partnership deed, allowing disputes to be referred to arbitration despite the death of a partner.
The main legal point established is the court's reliance on the unequivocal admission of the respondent and the presence of his signature on the Deed of Retirement to affirm the existence of the arbi....
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