RATAN LALCHANDANI Vs. GOPALDAS KUKREJA

JUDGEMENT

(1.) The interesting conundrum in this appeal filed filed under Sec. 37 of Arbitration and Conciliation Act, 1996 ( 'Arbitration Act ') is whether the learned Commercial Court, Bhopal was justified in passing the impugned order dtd. 11/1/2023 and rejecting the application filed by appellant under Sec. 9 of the said Act for want of territorial jurisdiction in a case of rendition of account where Registered Office in which account is kept is situated at Bhopal.

(2.) Draped in brevity, the admitted facts between the parties are that appellant and respondent executed a partnership deed on 3/7/2013 Annexure A/3. The said partnership deed was dissolved at the instance of respondent vide notice dtd. 21/1/2020. After dissolution of said deed, respondent entered into a 'Joint Development Agreement ' with another builder on 13/1/2022 (Annexure A/9). However, said agreement was cancelled on 28/10/2022.

(3.) The appellant entered into correspondence with respondent for resolution of dispute by taking aid of Clause-18 of deed of partnership dtd. 3/7/2013. Since, no arbitrator could be appointed as per dispute resolution clause aforesaid, the appellant filed an application under Sec. 11(6) of the Arbitration Act A.C. No.11/2023 which is pending consideration before this Court.