B.PRASHANTH Vs. GANESH S.POOJARI

JUDGEMENT

(1.) The challenge in this Commercial Appeal is directed against judgment and order dtd. 20/1/2024 passed by learned Principal District and Sessions Judge, Mysuru in Commercial Original Suit No.237 of 2023, whereby the application of the appellant-original defendant under Sec. 8 of the Arbitration and Conciliation Act, 1996 for referring the subject matter to the arbitration came to be rejected.

(2.) It was a suit instituted by the plaintiff-respondent herein for recovery of Rs.4,09,06,283.00 with interest. The plaintiff and defendant had previously entered into a Partnership Deed on 24/6/2020 and were engaged in partnership business of sale of motor spirit, motor oils, greases, LPG, CNG and other motor accessories manufactured by the Bharat Petroleum Corporation Ltd., in the name and style of 'Shree Service Station '.

(3.) In the plaint it was the case of the plaintiff inter alia that the said service station which was situated at Kantharaja Urs Road, Saraswathipuram, Mysuru was under the ownership of the defendant, his sisters and his mother and originally belonged to the father. It was stated that the plaintiff had initially invested the amount towards working capital and it was agreed that for a period of five years the plaintiff would be entitled to 99% profit and the rest 1% profit will go to the defendant. While the investment of the plaintiff was Rs.30,00,000.00 as working capital, the defendant had collected in addition Rs.2,49,50,000.00