SAGAR ASIA PVT. LTD. Vs. V.AGASTYA SAGAR

JUDGEMENT

(1.) The petitioner has assailed an order dtd. 8/10/2025 passed by a learned Sole Arbitrator dismissing an application (I.A.No.2 of 2025 in A.D.No.14 of 2024) filed by the petitioner under Order I Rule 10(2) of The Code of Civil Procedure, 1908 ('CPC') read with Sec. 16 of The Arbitration and Conciliation Act, 1996 ('the Act') seeking discharge from the main Arbitration Case.

(2.) The petitioner is the respondent No.3 in the Arbitral proceedings who suffered the impugned order of dismissal. The respondent Nos.1 to 3 in the Writ Petition (including the writ petitioner) are the claimants in the arbitration and partners of the respondent No.6 (Sagar Asia Global LLP). The respondent No.1 initiated Arbitration under the Limited Liability Partnership (LLP) Agreement dtd. 19/4/2019 for dissolution of the respondent No.6-LLP. The respondent Nos.4 and 5 are the contesting respondents in the arbitral proceedings. The respondent Nos.4 and 5 entered into a Limited Liability Partnership Agreement dtd. 19/4/2019, the terms of such Agreement were modified by way of Supplement Agreement on 16/5/2019 with the respondent Nos.1 to 3 (claimants).

(3.) The primary case of the petitioner before the Arbitral Tribunal was that the petitioner was not a party nor a signatory to the LLP Agreement.