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SUVIR SEHGAL
Prikshit Wadhwa – Appellant
Versus
Vinod K Wadhwa – Respondent
| Table of Content |
|---|
| 1. disputes between partners regarding partnership agreement. (Para 1 , 2) |
| 2. respondent contests maintainability due to prior suit. (Para 3) |
| 3. valid notice under arbitration act initiates proceedings. (Para 4 , 5 , 6) |
| 4. dissolution of partnership does not end arbitration. (Para 7 , 8) |
| 5. order for arbitration is granted and procedures outlined. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
JUDGMENT :
Mr. Suvir Sehgal, J.
This petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act”) to adjudicate the disputes and differences between the parties.
2. Mr. Dheeraj Mahajan, counsel for the petitioners has submitted that petitioner No.1 is the son of petitioner No.2, who is the brother of the respondent. M/s V. Wadhwa & Co., a Chartered Accountancy firm, petitioner No.3, was started by them by way of a partnership. An Instrument of Partnership dated 01.05.2019, Annexure P-1, was executed and Clause 30, thereof, provided for the resolution of disputes through the medium of arbitration. Petitioner No.1 was partner to the extent of 30%, whereas petitioner No.2 and the respondent were partners to the extent of 3
The arbitration clause survives the dissolution of a partnership firm and can be invoked by any partner, including legal representatives, to resolve disputes.
Partnership dissolution disputes must be adjudicated in civil court; arbitration is not a viable remedy until a court validates the dissolution.
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....
Partnership dissolution and limitation period for arbitration claims.
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.
Dissolution of partnership - Non-compliance of Clause 18 of Partnership Deed - Absence of any embargo to refer post dissolution dispute to Arbitrator, it is not possible to accept that Arbitration cl....
The arbitration clause in a partnership deed survives dissolution claims, allowing parties to seek arbitration for unresolved disputes.
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