Ratan Lalchandani vs Gopaldas on 7 April, 2026

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    Madhya Pradesh High Court

    Ratan Lalchandani vs Gopaldas on 7 April, 2026

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                                                                                          AC No.11 of 2023
    
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                               BEFORE
                                              HON'BLE SHRI JUSTICE VIVEK JAIN
                                                ARBITRATION CASE No. 11 of 2023
                                                       RATAN LALCHANDANI
                                                              Versus
                                                           GOPALDAS
    
                               Appearance:
                                    Shri Siddharth Gulatee - Senior Advocate with Smt. Tulika Gulatee
                               and Subhankar Basnet - Advocate for petitioner.
    
                                    Shri R.K. Sanghi - Senior Advocate with Shri Tanmay Shukla -
                               Advocate for respondent.
    
    
                                                               ORDER
    

    (Reserved on 02. 02. 2026)
    (Pronounced on 07. 04.2026)

    The present application under Section 11(6) of Arbitration and

    SPONSORED

    Conciliation Act,1996 (for short ‘Act of 1996’) has been filed for

    appointment of arbitrator for adjudication of disputes arising between the

    parties from the partnership deed dated 03.07.2013.

    2. It is the case of the petitioner that a partnership deed was executed

    between the petitioner and the respondent on 03.07.2013 as per which the

    parties had agreed to carry on the business of running a marriage garden,

    hotel, restaurant and other allied and connected services in the land owned

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    AC No.11 of 2023

    by the respondent at Indore, area about 1.62 hectare and at that time

    assessed to be having value of Rs.3.10 crores. The petitioner was to invest

    an amount of Rs.1.55 crores in the land for development and starting of the

    business over a period of time and when the business was to start to run

    then the petitioner and the respondents were to receive share in profit at the

    rate of 50% each.

    3. The respondent served an intimation dated 21.01.2020 to dissolve the

    partnership firm which was replied by the petitioner on 18.07.2020 and

    then the petitioner sent a notice dated 01.12.2022 to appoint arbitrator for

    settlement of account but the respondent replied mentioning falsity of claim

    of the petitioner on merits, so also that conciliation proceedings are yet to

    be carried out and proposed the name of the conciliator, while disagreeing

    with the name of the proposed arbitrator proposed by the petitioner.

    4. After receipt of the said reply dated 13.12.2022, the present petition

    has been filed for appointment of arbitrator before this Court on 30.01.2023.

    It is not in dispute that separate proceedings under Section 9 of Act of 1996

    are pending and at present appeal arising out of the said proceedings is

    pending before this Court separately.

    5. The learned counsel for the petitioner has vehemently argued that

    since this is a petition under Section 11(6) of Act of 1996, therefore, as per

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    AC No.11 of 2023

    the newly inserted Section 11(6)A, the scope of jurisdiction of the High

    Court is only confined to examination of existence of an arbitration

    agreement. It is vehemently argued by the learned counsel for the petitioner

    that there was an arbitration agreement between the parties and the

    partnership deed which is placed on record duly contains an arbitration

    clause in Para-18 of the deed as per which the disputes between the parties

    are to be adjudicated by way of arbitration. Therefore, it is argued that once

    there is a dispute between the parties because on one hand the respondent is

    treating that there is dissolution of partnership firm and projecting that he is

    not required to pay anything to the petitioner towards accounts of the

    partnership firm, therefore there is a dispute arising between the parties

    because there are claims of the petitioner for which he is seeking accounts

    of the partnership firm. It is therefore contended that it is a fit case where

    arbitrator should be appointed by this Court.

    6. It is further argued that though the partnership deed is registered only

    before Registrar of Registration and there is as such no registration of firm

    with the Registrar of Firms, which is required to be made as per Indian

    Partnership Act, but the non-maintainability of suit in terms of Section 69

    of Partnership Act, 1932 if the firm is unregistered firm, would not be an

    impediment in the arbitration proceedings because Section 69 does not bar

    arbitration proceedings and bars suit or such other proceedings and it has

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    AC No.11 of 2023

    been held by the Supreme Court in the case of Umesh Goel v. H.P. Coop.

    Group Housing Society Ltd., (2016) 11 SCC 313 that arbitral proceedings

    do not come under the expression ‘other proceedings’ in section 69(3) of

    Partnership Act. Therefore, the ban imposed under Section 69 would have

    no application to arbitral proceedings as well as to arbitral awards.

    Therefore, it is argued that irrespective of the position that the firm is

    unregistered firm the arbitration proceedings can always be resorted as

    there is an arbitration clause in the partnership deed which amounts to

    arbitration agreement between the parties.

    7. The learned counsel for the petitioner has further argued that though

    various objections as to limitation etc. have been taken by the respondent in

    his reply but the petitioner is entitled to get the benefit of extension of

    limitation of COVID-19 period as ordered by the Hon’ble Supreme Court

    and upon exclusion of the said period, the claim is not barred by limitation.

    It is argued that even otherwise the question that whether the claim is

    barred by limitation or not, being a mixed question of law and fact, it

    should be left to the arbitrator to be adjudicated and at the stage of Section

    11, the referral Court is not required to carry out any deeper scrutiny and

    should restrict itself in terms of section 11(6)A to inquire as to whether

    there is existence of an arbitration agreement and therefore, it is a fit case

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    where arbitrator needs to be appointed by this Court as the disputes that

    have arisen can only be adjudicated by an arbitrator.

    8. Per contra, the learned counsel for the respondent has vehemently

    argued that it is a case of blackmailing of respondent in as much as there

    was a deed of partnership wherein the respondent brought in 1.62 hectare

    land in the firm for the purpose of establishment of marriage garden, hotel,

    restaurant and other allied activities. In the land in question, a marriage

    garden and hotel, restaurant etc. were to be constructed by the funds of the

    petitioner and he was expected to invest an amount of Rs.1.55 crores and

    the value of the land was assessed to be Rs. 3.10 crores, that was the capital

    investment of the respondent. However, the petitioner did not invest a

    single penny and no development of hotel or restaurant or marriage garden

    took place and the land lay in the same situation as it was on the date of

    execution of partnership deed and not a single penny was invested by the

    petitioner. Therefore, as the firm never took off and the business of the firm

    never started and even no proceedings took place for start of business of the

    firm, therefore it is a case where there is no existence of partnership and by

    relying on various judgments, it is argued that there is no existence of

    partnership and once there is no existence of partnership then it is a clear

    case where there is no existence of any arbitration agreement because if the

    existence of partnership itself is not there then the existence of the

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    partnership agreement also does not create any partnership and once no

    partnership is created, then there is no existence of any arbitration

    agreement.

    9. It is argued that since for a long period of time the petitioner did

    not make any investment in the land, then the respondent has given notice

    for dissolution of the firm and has even sold the land to a third party but the

    intention of the petitioner is only to grab the land whereby without

    investing a single penny in the project, he now wants half share of the land

    without investing anything in the project. It was nothing but a conspiracy of

    the petitioner in executing the agreement in the manner it has been done

    then the petitioner did not carry out his obligations under the agreement,

    did not make any investment, did not start the business, but now wants

    share in the land and therefore, it is a classic case of the manner in which

    the land mafia is operating in usurping and grabbing the lands of innocent

    persons.

    10. In rejoinder submissions, the counsel for the petitioner had argued

    that the project could not take off on account of lapses on part of the

    respondent and not on part of lapses of the petitioner because the land was

    under a Town Development Scheme of Indore Development Authority and

    the acquisition proceedings were under challenge before the Commissioner,

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    Indore Division, Indore and unless the land came out of the acquisition

    proceedings, no investment could be made by the petitioner. This was

    replied by the counsel for the respondent by stating that even if the land

    was under acquisition then nothing stopped the petitioner from setting up

    the project and the information was given in the partnership deed about

    pending dispute, but there was no clause in the partnership deed that the

    project will take off only when the dispute as per acquisition gets over. It

    was a risk taken by the petitioner, otherwise, there was no reason for the

    respondent to bring in twice the cost of land, as compared to the investment

    to be made by the petitioner. It is further stated that the petitioner is a

    litigious person and as many as 40 cases have been instituted by him before

    different Courts till date and it is his business to grab the lands by some

    manner or the other.

    11. Heard learned counsel for the parties at length and perused the record.

    12. In the present case, the parties entering into agreement is not in

    dispute. It is also not in dispute that the respondent had to bring his land

    into the firm which was 1.62 hectares situated at Indore and thereupon a

    hotel, marriage garden and restaurant was to be constructed/set up by the

    petitioner upon cost of Rs.1.55 crores and then from the profits of the

    business, both the parties had to share 50% each.

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    13. So far as the question that the firm in question is not a registered

    partnership firm and applicability of Section 69 of Act of 1932 is concerned,

    Section 69 of Indian Partnership Act, 1932 (for short ‘Act of 1932’) is as

    under:-

    “69. Effect of non-registration.–(1) No suit to enforce a right
    arising from a contract or conferred by this Act shall be institutes in
    any Court by or on behalf of any person suing as a partner in a firm
    against the firm or any person alleged to be or to have been a
    partner in the firm unless the firm is registered and the person suing
    is or has been shown in the Register of Firms as a partner in the firm.
    (2) No suit to enforce a tight arising from a contract shall be
    instituted in any Court by or on behalf of a firm against any third
    party unless the firm is registered and the persons suing are or have
    been shown in the Register of Firms as partners in the firm.
    (3) The provisions of sub-sections (1) and (2) shall apply also to a
    claim of set-off or other proceeding to enforce a right arising from a
    contract, but shall not affect–

    (a) the enforcement of any right to sue for the dissolution of
    a firm or for accounts of a dissolved firm, or a ay right or
    power to realise the property of a dissolved firm, or

    (b) the powers of an official assignee, receiver or Court
    under the Presidency-towns Insolvency Act, 1909 (2 of 1909),
    or the Provincial Insolvency Act, 1920 (5 of 1920), to realise
    the property of an insolvent partner.

    (4) This section shall not apply–

    (a) to firms or to partners in firms which have no place of
    business in 1 [the territories to which this Act extends], or
    whose places of business in 2 [the said territories] are
    situated in areas to which, by notification under 3 [section
    56
    ], this Chapter does not apply, or

    (b) to any suit or claim of set-off not exceeding one hundred
    rupees in value which, in the Presidency-towns, is not of a
    kind specified in section 19 of the Presidency Small Cause
    Courts Act, 1882 (15 of 1882), or, outside the Presidency-

    towns, is not of a kind specified in the Second Schedule to the
    Provincial Small Cause Courts Act, 1887
    (9 of 1887), or to

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    AC No.11 of 2023

    any proceeding in execution or other proceeding incidental
    to or arising from any such suit or claim.

    14. Initially a view had been taken by the Hon’ble Supreme Court in

    Jagdish Chandra Gupta v. Kajaria Traders (India) Ltd., 1964 SCC

    OnLine SC 50 : AIR 1964 SC 1882 that even arbitration is not

    maintainable in respect of disputes between partners of unregistered

    partnership firm in view of Section 69 aforesaid.

    15. However, subsequently it has been held by the Hon’ble Supreme

    Court in Umesh Goel (supra) that arbitral proceedings do not come under

    the expression ‘other proceedings’ as per Section 69(3) of Act of 1932 and

    therefore the bar under Section 69 of Act of 1932 does not extend to

    arbitration proceedings. The Hon’ble Supreme Court considered in detail

    the scheme of Act of 1996, the definition of ‘Court’ under the Act of 1996

    and then held that the arbitral proceedings are not affected by the

    provisions of Section 69 when the firm is unregistered.

    16. Therefore, this argument of the respondent is discarded that in

    unregistered partnership firm the arbitration proceedings are not

    maintainable, and no arbitrator can be appointed by this Court only for the

    reason of the firm not being registered.

    17. Now the scope of application under Section 11(6) is to be considered

    in view of the amended provisions and insertion of Section 11(6)A. Though

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    the amendment seriously curtails the jurisdiction of the referral Court, but it

    has been held by the Hon’ble Supreme Court in DLF Home Developers

    Ltd. v. Rajapura Homes (P) Ltd., (2021) 16 SCC 743 that while making

    appointment of arbitrator, the duty of referral Court is not to act

    mechanically but some application of mind should be made to the core

    preliminary issues within framework of Section 11(6)A. Such a view is not

    intended to usurp jurisdiction of the arbitral Tribunal but it will only

    streamline the arbitration process. It was held that even if arbitration

    agreement exists, it will not prevent the Court to decline a prayer for

    reference to arbitrator if the dispute does not correlate to the agreement.

    The following has been held therein :-

    “21. The jurisdiction of this Court under Section 11 is primarily
    to find out whether there exists a written agreement between the
    parties for resolution of disputes through arbitration and whether
    the aggrieved party has made out a prima facie arbitrable case. The
    limited jurisdiction, however, does not denude this Court of its
    judicial function to look beyond the bare existence of an arbitration
    clause to cut the deadwood. A three-Judge Bench in Vidya
    Drolia [Vidya Drolia v. Durga Trading Corpn.
    , (2021) 2 SCC 1,
    paras 236, 237, 244.3, 244.4, 244.5, 244.5.1-244.5.3 : (2021) 1 SCC
    (Civ) 549] , has eloquently clarified that this Court, with a view to
    prevent wastage of public and private resources, may conduct
    “prima facie review” at the stage of reference to weed out any
    frivolous or vexatious claims.

    22. In this context, the Court, speaking through Sanjiv Khanna, J.

    held that : (Vidya Drolia case [Vidya Drolia v. Durga Trading
    Corpn.
    , (2021) 2 SCC 1, paras 236, 237, 244.3, 244.4, 244.5,
    244.5.1-244.5.3 : (2021) 1 SCC (Civ) 549] , SCC p. 121, para 154)
    “154. … 154.2. Scope of judicial review and jurisdiction of the
    court under Sections 8 and 11 of the Arbitration Act is identical but
    extremely limited and restricted.

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    AC No.11 of 2023

    154.3. The general rule and principle, in view of the legislative
    mandate clear from Act 3 of 2016 and Act 33 of 2019, and the
    principle of severability and competence-competence, is that the
    Arbitral Tribunal is the preferred first authority to determine and
    decide all questions of non-arbitrability. The court has been
    conferred power of “second look” on aspects of non-arbitrability
    post the award in terms of sub-clauses (i), (ii) or (iv) of Section
    34(2)(a)
    or sub-clause (i) of Section 34(2)(b) of the Arbitration Act.
    154.4. Rarely as a demurrer the court may interfere at Section 8
    or 11 stage when it is manifestly and ex facie certain that the
    arbitration agreement is non-existent, invalid or the disputes are
    non-arbitrable, though the nature and facet of non-arbitrability
    would, to some extent, determine the level and nature of judicial
    scrutiny. The restricted and limited review is to check and protect
    parties from being forced to arbitrate when the matter is
    demonstrably “non-arbitrable” and to cut off the deadwood. The
    court by default would refer the matter when contentions relating to
    non-arbitrability are plainly arguable; when consideration in
    summary proceedings would be insufficient and inconclusive; when
    facts are contested; when the party opposing arbitration adopts
    delaying tactics or impairs conduct of arbitration proceedings. This
    is not the stage for the court to enter into a mini trial or elaborate
    review so as to usurp the jurisdiction of the Arbitral Tribunal but to
    affirm and uphold integrity and efficacy of arbitration as an
    alternative dispute resolution mechanism.”

    23. N.V. Ramana, J. (as his Lordship then was) in his
    supplementary opinion further crystallised the position as follows :

    (Vidya Drolia case [Vidya Drolia v. Durga Trading Corpn., (2021)
    2 SCC 1, paras 236, 237, 244.3, 244.4, 244.5, 244.5.1-244.5.3 :

    (2021) 1 SCC (Civ) 549] , SCC p. 162, para 244)
    “244. Before we part, the conclusions reached, with respect to
    Question 1, are:

    244.1. Sections 8 and 11 of the Act have the same ambit with
    respect to judicial interference.

    244.2. Usually, subject-matter arbitrability cannot be decided at
    the stage of Section 8 or 11 of the Act, unless it is a clear case of
    deadwood.

    244.3. The court, under Sections 8 and 11, has to refer a matter
    to arbitration or to appoint an arbitrator, as the case may be, unless
    a party has established a prima facie (summary findings) case of
    non-existence of valid arbitration agreement, by summarily
    portraying a strong case that he is entitled to such a finding.

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    244.4. The court should refer a matter if the validity of the
    arbitration agreement cannot be determined on a prima facie basis,
    as laid down above i.e. “when in doubt, do refer”.

    244.5. The scope of the court to examine the prima facie validity
    of an arbitration agreement includes only:

    244.5.1. Whether the arbitration agreement was in writing? Or
    244.5.3. Whether the core contractual ingredients qua the
    arbitration agreement were fulfilled?

    244.5.4. On rare occasions, whether the subject-matter of
    dispute is arbitrable?”

    (emphasis supplied)

    24. To say it differently, this Court or a High Court, as the case
    may be, are not expected to act mechanically merely to deliver a
    purported dispute raised by an applicant at the doors of the chosen
    arbitrator. On the contrary, the Court(s) are obliged to apply their
    mind to the core preliminary issues, albeit, within the framework of
    Section 11(6-A) of the Act. Such a review, as already clarified by
    this Court, is not intended to usurp the jurisdiction of the Arbitral
    Tribunal but is aimed at streamlining the process of arbitration.
    Therefore, even when an arbitration agreement exists, it would not
    prevent the Court to decline a prayer for reference if the dispute in
    question does not correlate to the said agreement.”

    18. In the present case, it was argued by learned counsel for the

    respondent that once the business of the firm never started and this is an

    admitted position that the business of the firm never started, therefore, there

    is no existence of any partnership agreement because the partnership

    business never took off. It is argued that in such circumstances, there would

    be no partnership and once there is no partnership then there is no question

    of any arbitration clause or any arbitration. It was argued that the petitioner

    only wants a share out of the land without investing a single rupee in the

    project. It is not the purpose of partnership agreement.

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    19. The dispute that is sought to be resolved in the present case, is share

    of the petitioner in the property, whereas the agreement was for running

    business in the property. The dispute in question, therefore, has no co-

    relation to the agreement. Paragraphs 10 and 11 of the notice for arbitration

    make the dispute clear, that it is for share in the immovable property. The

    relevant paragraphs of the said notice are as under :-

    “10. That, as per Clause 17 of the deed, it is agreed that on dissolution
    of the said firm for any reason whatsoever no account of the goodwill
    of the firm be taken and none of the partners including the estate of the
    deceased partner shall be entitled to receive any share in the goodwill
    of the firm, if any on dissolution. It is also agreed that on dissolution
    account shall be prepared and settled between you the noticee and my
    client in accordance with the realized value of the assets and the
    liabilities of the partnership firm so dissolved. It is also agreed to by
    both the parties to the partnership deed dated 03.07.2013 in clause no.
    17 that if any immovable property/stock remains in the firm, it shall
    be distributed equally between the partners. It is specifically agreed to
    by and between both the parties that in case of dissolution, a
    dissolution account shall be prepared and settled between both the
    parties, but you the noticee have failed to prepare such a dissolution
    account and have dissolved the said firm by your letter dated
    21.01.2020. My client replied to your dissolution notice through reply
    dated 18.07.2020. Moreover, you the noticee have failed to distribute
    the only immovable property, the Said Land of the firm between both
    the partners, therefore, the attempt made by you the notice is illegal
    and in violation of clause 17 of the Deed.

    11. That, you the noticee acted in violation of Section 46 of
    Partnership Act, 1932 by not distributing the surplus/assets of the
    firm between the partners rather you dishonestly tried to sell and
    dispose off the said Land of the firm which is a deliberate violation of
    Section 46 of the Partnership Act. My client has recently come to
    know that you the noticee have entered into a development agreement
    or sale agreement in relation to the said land of the firm M/s. The
    Touch, with some other party without my client’s knowledge and
    consent.”

    (Emphasis supplied)

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    20. A similar issue was considered initially by the Division Bench of

    Oudh High Court in the case of R. R. Sarna versus J. Reuben, 1946 (16)

    Company Cases 64. The Division Bench of Oudh High Court held that

    there are three elements to be present before any relation can be termed as

    partnership to have come into existence and the three conditions are – (1)

    there is agreement between some number of persons, (2) the agreement

    must be to share the profits of business and (3) the business must be carried

    on by all or any acting for all. It has been held that all these elements must

    be present before a number of persons can be called partners. The

    agreement must be to carry on business by way of present partnership and

    an agreement to carry on business from a future date will not result in

    partnership till that date arrives, unless the parties choose to commence

    business before that date. What is essential is actual existence of a business

    carried on by partners and when the business does not exist then the

    partnership also does not exist. The Oudh High Court held as under:-

    “All these elements must be present before a number of persons
    can be called partners. As remarked by Desai in his Law of
    Partnership, page 15, the agreement must be to carry on business by
    way of present partnership. An agreement to carry on business from
    a future date will not result in partnership until that date arrives,
    unless the parties choose to commence business before that date.
    What is essential to constitute partnership is the actual existence of a
    business carried on by partners. Therefore, so long as the business,
    whereof the profits the partners agree to share does not exist, there
    can be no partnership. It may not always be easy to determinate at
    what stage a business comes into existence but that is a question of
    fact to be determined on the circumstances of each case. But so long

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    as the business does not come into existence or something done
    which may be taken as the commencement of the business, there can
    be no partnership. As observed by Lindley in his Law of Partnership
    (Edn. 10), p. 19:

    “Persons who are working together to form a company, although
    they may intend to become members of the company after its
    formation, are not partners if this be the only relation between them;
    they are, it is true, engaged in a common object, and that object is
    ultimately to acquire profit; but their immediate object is the
    formation of a company, and even if the company is not to be
    incorporated they are only in the position of persons who intend to
    become partners after the company is formed.”

    21. The Oudh High Court also held that there is a difference between a

    contract of partnership and an agreement to enter into contract. It was

    further considered that the difference between a contract of partnership and

    an agreement to enter into contract cannot be forgotten.

    22. This position was further considered by Division Bench of Madhya

    Bharat High Court, which is the precursor of this High Court, in Sitaram

    Kalani Vs. Manmal Gattani, 1954 SCC OnLine MP 136. It was

    considered by the Division Bench that what would be the meaning of the

    expression ‘carrying on business’ for the purpose of Section 4 of Act of

    1932. It has been held therein that as soon as the partnership starts its

    commercial life having its own capital its assets and liabilities, its own

    employees and its own credit in the market in short as soon as it becomes

    business entity it would be regarded as carrying on business. The Division

    Bench held as under:-

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    AC No.11 of 2023

    “19. There is no doubt that it is the carrying on of a business, not an
    agreement to carry it on, which is the test of partnership. In the
    present case, the business was actually started as is already seen
    above. Mr. Chaphekar for the respondent, however, advanced a
    rather ingenious argument that till brass utensils were actually
    manufactured, it could not be said that “business was carried on”

    within the meaning of Section 4 of the Indian Partnership Act.

    20. In my opinion this contention is without force as each and every
    step taken for the erection of the factory, which was to manufacture
    utensils, would be considered within the purview of “carrying on
    business”. This term has been used in the Indian Partnership Act in
    a broad and general sense. It may be observed that as soon as a
    partnership starts its commercial life having its own capital, its
    own assets and liabilities, its own employees and its own credit in
    the market in short as soon as it becomes business entity it would
    be regarded as “carrying on business” within the meaning of
    Section 4 of the Indian Partnership Act.”

    (Emphasis supplied)

    23. In the present case since no investment has been made by the

    petitioner towards starting of the business, that is setting up of marriage

    garden, hotel and restaurant it cannot be termed that there was any

    partnership in existence. It might be possible that some expenses might

    have been incurred in correspondences, travel, liaison, etc. However, in

    absence of starting the business or even setting up of the establishments

    which were required to be set up or even in absence of laying down a single

    brick for execution of the project for which the partnership had come into

    existence, it is clear that the partnership in question ceases to be contract of

    partnership and is only an agreement to enter into contract of partnership.

    There had been no commercial life of the entity, no goodwill/credit in the

    market was ever created.

    Signature Not Verified
    Signed by: NAVEEN KUMAR
    SARATHE
    Signing time: 07-04-2026
    17:38:00
    17

    AC No.11 of 2023

    24. Even if the argument of learned counsel for the petitioner is

    accepted that in absence of the land being taken off the acquisition/Town

    Development Scheme of Indore Development Authority, it did not make

    any development. It only bolsters the argument of counsel for the

    respondent that the contract is only to enter into a partnership in future but

    not a partnership agreement.

    25. Therefore, the agreement in question not being a partnership

    agreement, and no partnership having ever come into existence, therefore,

    in the opinion of this Court no arbitration agreement can be inferred so as

    to appoint arbitrator for rendition of accounts, as is being sought by the

    petitioner.

    26. Apart from above, the dispute that is sought to be resolved in the

    present case, is share of the petitioner in the property, whereas the

    agreement was for running business in the property. The dispute in question,

    therefore, has no co-relation to the agreement.

    27. Therefore, no case is made out for appointment of any arbitrator. The

    petition fails and is dismissed.

    
    
                                                                                          (VIVEK JAIN)
                               nks                                                           JUDGE
    
    
    
    
    Signature Not Verified
    Signed by: NAVEEN KUMAR
    SARATHE
    Signing time: 07-04-2026
    17:38:00
    

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