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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Mahesh Patel – Appellant
Versus
Yashwant Netram – Respondent
| Table of Content |
|---|
| 1. establishment of partnership and dispute notification. (Para 2 , 3 , 4) |
| 2. non-applicant arguments challenging locus and arbitration clause. (Para 5 , 6 , 7 , 8) |
| 3. contention over jurisdiction and limitation in arbitration. (Para 9) |
| 4. arbitrator's powers regarding dissolution of partnership. (Para 10 , 18) |
| 5. court's findings on applicant's locus standi. (Para 11 , 12 , 13) |
| 6. jurisdiction of arbitrator in dissolution cases. (Para 14 , 15 , 19) |
| 7. appointment of arbitrator and procedural next steps. (Para 20 , 21 , 22) |
ORDER :
SUBODH ABHYANKAR, J.
1. Heard.
2. This application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (in short 'the Act of 1996') has been filed by the applicant, one of the partners of a partnership firm M/s. P. N. Builders and Developers, for appointment of Arbitrator to settle the dispute between the parties.
3. The case of the applicant is that a partnership deed dated 15.07.2010 was executed between the applicant and the non- applicants in the name and style of M/s. P. N. Builders and Developers. The aforesaid partnership firm was formed for the purposes of dealing in lands and immovable properties, buying, selling and developi
The court held that an arbitrator can be appointed to resolve disputes within a partnership agreement, including dissolution matters, provided the application is timely and properly invoked.
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.
A partner lacks authority to represent a firm in arbitration without the express consent of other partners, and appointment of a substitute arbitrator requires adherence to agreed procedures under th....
The existence of an arbitration agreement continues even after the dissolution of a partnership firm, and the right to sue accrues when a party abandons efforts for settlement, from which the limitat....
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