ERACH F. D. MEHTA versus MINOO F. D. MEHTA

ERACH F. D. MEHTA versus MINOO F. D. MEHTA

A dispute about the existence of a mutual agreement to dissolve a partnership between two partners falls within the arbitration clause of the partnership deed, as it directly relates to and arises out of the partnership agreement and the rights and obligations thereunder.

Source-derived case information.

Parties
Appellant: ERACH F. D. MEHTA; Respondent: MINOO F. D. MEHTA
Jurisdiction
India
Judgment Date
09 September 1970
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Arbitration Clause Scope, Dissolution of Partnership, Jurisdiction of Arbitrators
Arbitration Partnership Law Arbitration Clause Scope Dissolution of Partnership Jurisdiction of Arbitrators

Source-derived case record

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Parties

ERACH F. D. MEHTA

Appellant

MINOO F. D. MEHTA

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether a dispute regarding existence of oral agreement to dissolve partnership is covered by arbitration clause in the partnership deed
  2. 2 Whether new rights and obligations created by such oral agreement fall under the partnership agreement's arbitration clause

Ratio Decidendi

A dispute about the existence of a mutual agreement to dissolve a partnership between two partners falls within the arbitration clause of the partnership deed, as it directly relates to and arises out of the partnership agreement and the rights and obligations thereunder.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent