Lalitkumar V. Sanghavi (D) Th. LRs Neeta Lalit Kumar Sanghavi & Anr.. Versus Dharamdas V. Sanghavi & Ors.

Lalitkumar V. Sanghavi (D) Th. LRs Neeta Lalit Kumar Sanghavi & Anr..  Versus  Dharamdas V. Sanghavi & Ors.

CIVIL APPEAL NO. 3148 OF 2014

Arising out of Special Leave Petition (Civil) No.4267 of 2013                                                                           JUDGEMENT on March 04, 2014.

The facts are that the parties herein are carrying on some business in the name and style of a partnership firm constituted under a partnership deed dated 20th October 1962. The partnership deed provided for the resolution of the disputes arising between the partners touching the affairs of the partnership by means of arbitration. In view of certain disputes between the partners, the original applicant filed arbitration application No.263/2002 under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’, for short) before the Chief Justice of the Bombay High Court which was disposed of by an order dated 21st February, 2003. The presiding arbitrator informed the appellants that the arbitration proceedings stood terminated. Again on 17.1.2008, the original applicant filed arbitration application. That application came to be dismissed by the order under appeal in substance holding that such an application invoking Section 11 of the Act is not maintainable. The verdict came that application came to be dismissed by the order under appeal in substance holding that such an application invoking Section 11 of the Act is not maintainable…read more….read more