SAJU THOMAS Vs. PRABHAKARAN KIZHAKKEVEETIL

JUDGEMENT

(1.) This appeal is filed by the defendant in O.S.No.7761/2016 challenging the order dated 21.01.2017 passed on I.A.No.1 filed under Order 39 Rules 1 and 2 CPC.

(2.) The respondent No.1 brought a suit against the appeal claiming decree for recovery of Rs.91,12,616/-, dissolution of the partnership firm M/s. Biolix Technologies LLP, mandatory injunction directing the defendant to provide details of the amounts received by him from the accounts of partnership firm and for rendition of accounts. The plaintiff alleged mis3 management of the firm and mis-appropriation of funds of the partnership firm. Along with the plaint, the plaintiff filed an application seeking temporary injunction to restrain the defendant or his agents or anybody claiming under him from operating the bank account bearing No.100805000381 at ICICI Bank, 1st Block, Koramangala, Bengaluru-34, account bearing No.33410171501, State Bank of India, Koramangala, Bengaluru-34 and another Bank account bearing No.0693102000002035 at IDBI Bank, 100 ft. Road, Kormangala, Bengaluru-34.

(3.) The defendant appeared before the court and filed statement of objections to the application contending mainly that the Limited Liability Partnership Agreement (LLP) dated 01.06.2016 between him and the plaintiff contains arbitration clause for resolving dispute between the parties relating to firm or management or business of the firm and therefore the nature of the dispute alleged in the plaint falls within the ambit of the arbitration clause and thus the civil court has no jurisdiction.