IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

08.12.2021

PRONOUNCED ON

17.12.2021

CORAM :

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

CIVIL REVISION PETITION NO.4087 OF 2016

Tarun Kumar Metha

... Petitioner

vs.

R.Sivakumar

... Respondent

Civil Revision Petition filed under Article 227 of the

Constitution of India, to set aside the fair and decretal order

dated 16.06.2016 passed in I.A.1028 of 2015 in O.S.836 of 2014 on

the file of the Additional District Munsif, Alandur.

For Petitioner

:

Mr.A.Thiyagarajan,

Senior Counsel

for M/s.Ramesh Kumar

For Respondent

:

Mr.K.Harishankar

ORDER

This Civil Revision Petition is filed challenging the order

dated 16.06.2016 passed in I.A.No.1028 of 2015 in O.S.No.836 of

2014 on the file of the Additional District Munsif, Alandur.

2.

The facts of the case in a nutshell:

The Petitioner is the defendant in the Suit. The

Respondent/Plaintiff filed the Suit O.S.No.836 of 2014 for a

decree and judgment against the defendants as follows:

(a)

To direct the Defendant to finalize with the

Plaintiff for the statement of accounts viz., M/s Shri Sai

Anugrahaa Foundations and settle the profit and loss among the

Plaintiff and Defendants, failing which the Court may ascertain

the profit and loss account and settle the amount between the

Plaintiff and Defendant.

https://hcservices.ecourts.gov.in/hcservices/

(b)

To dissolve the partnership firm of M/s Shri

Sai Anugrahaa Foundations registered with Registrar of Firms,

South Chennai, Saidapet bearing No.1672 of 2011 dated 13.10.2021.

3.

There was a Deed of Partnership entered between the

Petitioner/Defendant and Respondent/Plaintiff at Chennai on

05.05.2010. For better appreciation the relevant Clauses

mentioned in the said Partnership Deed are extracted hereunder.

Clause-12: ARBITRATION:

It is mentioned that, any dispute or difference arising

among the partners with respect to the construction or

interpretation of this Deed or any other matter

relating to the partnership affairs shall be referred

to arbitration under the provisions of the Indian

Arbitration Act, by appoint a sole arbitrator.

Clause:13-JURISDICTION:

Every matter arising out of the Deed and all

transactions covered by its are subject to the

Jurisdiction of Chennai Courts only.

4.

The Petitioner/Defendant has filed the Petition

I.A.No.1028 of 2015 under Order VII Rule 11 of Civil Procedure

Code to reject the Plaint in O.S.No.836 of 2014 on the file of

the Additional District Munsif, Alandur. The relevant portion of

Order VII Rule 11 of C.P.C. is extracted below:

"11. Rejection of plaint.- The plaint shall be rejected

in the following cases:

(a) Where it does not disclose a cause of

action;

(b) Where the relief claimed is under-

valued, and the plaintiff, on being required

by

the Court to so correct the valuation

within a time

to be fixed by the Court, fails

to do so;

(c) Where the relief claimed is properly

valued, but the plaint is written upon paper

insufficiently stamped, and the plaintiff, on

being

required by the Court to supply the

requisite

stamp-paper within a time to be

fixed by the Court,

fails to do so;

(d) where the suit appears from the

statement in the plaint to be barred by any

law;

(e) where it is not filed in duplicate;

(f) where the plaintiff fails to comply with

the provisions of rule 9."

5.

The learned senior counsel appearing for the

Petitioner/Defendant contended as follows:

https://hcservices.ecourts.gov.in/hcservices/

(i) Clause 12 in the Deed of Partnership dated

05.05.2010

between

the

Petitioner/Defendant

and

the

Respondent/Plaintiff stipulates that, any dispute or difference

arising among the partners with respect to the construction or

interpretation of this deed or any other matter relating to the

partnership affairs shall be referred to the arbitration under

the provisions of Indian Arbitration