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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

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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