T. JAGANATHAN Vs. J.R.S. CRUSHER

JUDGEMENT

(1.) This appeal has been filed under Sec. 37 of the Arbitration and Conciliation Act challenging the order dtd. 26/2/2020 passed by the Arbitral Tribunal under which the Appellant has been impleaded as a party respondent in the Arbitration.

(2.) There arose disputes between the partners of M/s.JRS Crusher, a registered Partnership firm and the dispute was referred to Arbitration in accordance with the Arbitration clause contained in the Partnership Deed at the instance of respondents Nos.1 to 4 against the respondents 5 and 6. All the respondents are partners of M/s.JRS Crusher. The respondents 1 to 4 who are the claimants in the Arbitration filed MP No.10 of 2018 in OP No.347 of 2016 which is the Arbitration claim seeking to implead the Appellant / proposed party as the 3rd respondent in the Arbitral proceedings.

(3.) According to the respondents Nos.1 to 4, who are the claimants in the Arbitration, the 5th respondent in this appeal, who is the first respondent in the Arbitration sold the property belonging to the partnership Firm illegally on 16/6/2017 during the pendency of the Arbitration to the Appellant. In such circumstances, MP No.10 of 2018 was filed by the respondents Nos. 1 to 4 before the Arbitral Tribunal seeking to implead the Appellant as the 3rd respondent in the Arbitration.