Bombay High Court
MRS. SUVARNA MAHENDRA TUPEversusMRS. LATA CHANDRAKUMAR CHOUDHARY
- Decided
- Disposal
- Allowed
Holding
The Court appointed retired Justice Shrikant Kulkarni as the sole arbitrator, affirming the enforceability of the arbitration clause and fixing Pune as the seat of arbitration.
Summary
Satish Sangar, a partner of Raghuvir Logistics LLP, filed an arbitration petition against fellow partner Lata Choudhary seeking enforcement of an arbitration clause in their LLP agreement. The petitioner issued a notice demanding books of accounts, to which the respondent replied alleging that the petitioner was in control of the business and raised counter‑allegations. Invoking Clause 40 of the partnership agreement, the petitioner sought appointment of an arbitrator under the Arbitration and Conciliation Act, 1996. The Bombay High Court, noting proper service of notice, appointed retired Justice Shrikant Kulkarni as the sole arbitrator, fixed Pune as the seat of arbitration, and directed procedural steps including disclosure statements. The petition was thereafter disposed of, with costs to be borne equally by the parties.
Issues considered
- Whether the High Court can appoint a sole arbitrator under the arbitration clause of the LLP agreement.
- Whether the arbitration clause in the LLP agreement is enforceable under the Arbitration and Conciliation Act, 1996.
- Determination of the appropriate seat of arbitration.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), 12(1)
Subjects
- Arbitration
- Limited Liability Partnership
- Arbitration clause
- Arbitration and Conciliation Act
- Appointment of arbitrator
- Seat of arbitration
- Service of notice
Judgment
914-ARP-140-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION NO.140 OF 2026
SATISH
RAMCHANDRA
SANGAR Mrs.Survarna Mahendra Tupe, ]
Digitally signed by
SATISH RAMCHANDRA
Age : 52 Years, Occupation : Business, ]
SANGAR
Date: 2026.09.21
Residing at : 404, Ashok Building, ]
11:18:59 +0530 Kubera Sankul, Gadital, Hadapsar, ]
Pune–411028. ] ...Petitioner
Versus
Mrs. Lata Chandrakumar Choudhary, ]
Age : 77 Years, Occupation : Business, ]
Having address at : 15, Bhagyanagar, ]
Aurangabad – 431001. ] ...Respondent
====================================================
Mr.Om Gandhi i/b. Mr.Hemant P. Advocate for Petitioner.
Ghadigaonkar:-
No one is present:- On behalf of the Respondent.
====================================================
CORAM : S. M. MODAK, J.
DATE : 18th SEPTEMBER 2026
P. C. :-
1. Heard learned Advocate for the Petitioner / one of the Partners
of Raghuvir Logistics LLP. There is an Agreement to that effect on 10 th
March 2011. Though Respondent is served and his learned Advocate
has appeared on 21st August 2026, and sought time to file Vakalatnama
and reply, today no one is present. There is proper service of notice.
Satish Sangar 1/4
914-ARP-140-2026.doc
2. The Petitioner has issued a notice on 24 th May 2023 to the
Respondent and calling for certain books of accounts and other
documents. The Respondent has replied on 19 th June 2023 and alleged
that in fact, it is the present Petitioner along with other who were in
complete management and control of the business and there are
allegations made against the Petitioner.
3. On this background, the Petitioner has invoked the Arbitration
Clause by sending a notice dated 10th July 2023. The names are
suggested. Out of them, one is to be appointed as an Arbitrator. Clause
No.40 of the Agreement says about referring the dispute to the
arbitration. It reads thus:-
“40. All disputes between the partners or between the Partner
and the Raghuvir Logistics LLP arising out of the limited
liability partnership agreement which cannot be resolved
in terms of this agreement shall be referred for arbitration
as per the provisions of the Arbitration and Conciliation
Act, 1996 (26 of 1996)”.
4. A case is made out for appointment of an Arbitrator. The
Respondent is residing at Aurangabad. The Agreement is executed at
Pune. So, let the place of sitting be at Pune. Hence, following order:-
-: O R D E R :-
(I) Retired Justice Shri.Shrikant Kulkarni (Former Judge,
Bombay High Court) is hereby appointed as the sole
Satish Sangar 2/4
914-ARP-140-2026.doc
Arbitrator to adjudicate upon the disputes and differences
between the parties arising out and in connection with the
matter referred above.
Office address :- Subodh Heights, Plot No.41, Shivprasad Co-
operative Housing Society, Pune–411030.
Email id :- [email protected]
Contact No. :- 9833029277.
(II) The place of arbitration shall be at Pune.
(III) A copy of this order will be communicated to the learned
sole Arbitrator by the Advocates for the Petitioner within a
period of one week from the date of upload of this order.
The Petitioner shall provide the contact and communication
particulars of the parties to the Arbitral Tribunal along with
copy of this order.
(IV) The learned sole Arbitrator is requested to forward the
statutory Statement of Disclosure under Section 11(8) read
with Section 12(1) of the Arbitration and Conciliation Act,
1996 to the parties within a period of two weeks from
receipt of copy of this order.
(V) The parties shall appear before the learned sole Arbitrator on
such date and at such place as indicated, to obtain
appropriate directions with regard to conduct of the
arbitration including fixing a schedule for pleadings,
examination of witnesses, if any, schedule of hearings etc. At
such meeting, the parties shall provide a valid and functional
email address along with mobile and landline numbers of
the respective Advocates of the parties to the Arbitral
Satish Sangar 3/4
914-ARP-140-2026.doc
Tribunal. Communications to such email addresses shall
constitute valid service of correspondence in connection
with the arbitration.
(VI) All arbitral costs and fees of the Arbitral Tribunal shall be
borne by the parties equally as per the Schedule.
5. The Arbitration Petition is disposed of.
[S. M. MODAK, J.]
Satish Sangar 4/4
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