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B. VIJAYSEN REDDY
Dilip Kumar Agarwal S/o Late Shri Nagarmal Agarwal – Appellant
Versus
TIA Constructions – Respondent
ORDER :
1. This application is filed to appoint an arbitrator to resolve the disputes between the applicant and the respondents.
2. The applicant and the respondents No. 2 and 3 are inter se related. It is the case of the applicant that he has settled down in USA, accumulated surplus funds and decided to invest in real estate in India. In consultation with his brother, Sri Jitender Agarwal, the applicant formed a company under the name and style of M/s. Jeetendra Apartments Pvt. Ltd., on 11.09.2000 with his brothers Jitender Agarwal, Pavan Kumar Agarwal, Prem Kumar Sanghi, Smt. Santosh Agarwal, W/o. Rajendra Agarawal as initial directors. The entire working capital and funds were contributed by the applicant alone and three properties were purchased. An account was opened with M/s. Mahesh Bank, Begum Bazar Branch, Hyderabad, in the name of the company. After some time, another company was formed under the name and style of M/s. Tayal Builders Private Limited on 20.11.2002 with the respondents No. 2 and 3 and Smt. Sushma Sanghi W/o Prem Kumar, as its directors. With the funds sent by the applicant, property bearing Municipal No. 2-2-35/A, situated at Amberpet, Hyderabad, was purchased
The appointment of an arbitrator is invalid if the partnership deed is not duly stamped and jurisdiction lies where the immovable property is situated.
Unregistered partnership firms can enforce rights for accounts and dissolution via arbitration, as outlined in the Indian Partnership Act, Section 69.
The court clarified the applicability of legal provisions related to arbitration, stamping, registration, dissolution of partnership firm, and limitation, emphasizing the enforceability of arbitratio....
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....
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.
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
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.
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