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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Mahesh Patel – Appellant
Versus
Yashwant Netram – Respondent
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 developing the same, and for other allied purposes.
4. According to the applicant certain disputes have arisen between the parties, which led the applicant to issue a legal notice dated 03.03.2022, asking the non-applicants to close the bank accounts and to restrain from dealing with the land of the partnership firm. However, as the aforesaid notice was not responded to by the non-applicants, a notice dated 16.11.2023, for appointment of arbitrator was also issued by the applicant through his Counsel wherein the applicant had also suggested t
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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