Case Note & Summary
The judgment pertains to four matters: Arbitration Petition No.290 of 2022, Arbitration Petition No.295 of 2022, Arbitration Application No.92 of 2022, and Arbitration Application No.94 of 2022, all filed by Satish Chimanlal Shah against Bhaskar Bapulal Shah and others. The petitioner sought impleadment of legal heirs of deceased partners Himanshu Shah and Janak Shah through Interim Applications (lodg) No.19325 of 2022 and No.19316 of 2022. The court, presided by Justice G.S. Kulkarni, granted leave to implead the legal heirs, allowed amendments to be carried out by the next day, and dispensed with reverification. The petitions under Section 9 and applications under Section 11 of the Arbitration and Conciliation Act, 1996, were pending adjudication. The court disposed of the interim applications accordingly.
Headnote
A) Arbitration - Impleadment of Legal Heirs - Section 9, Section 11, Arbitration and Conciliation Act, 1996 - Leave to Implead - The court allowed the impleadment of legal heirs of deceased partners in arbitration petitions filed under Sections 9 and 11 of the Act, holding that such amendment is necessary to bring the proper parties on record. The court granted leave to amend and dispensed with reverification. (Paras 1-3)
Issue of Consideration
Whether the legal heirs of deceased partners should be impleaded in pending arbitration petitions under Sections 9 and 11 of the Arbitration and Conciliation Act, 1996.
Final Decision
The court granted leave to implead the legal heirs of Himanshu Shah and Janak Shah, the deceased partners. Amendment to be carried out by 21 June 2022. Reverification dispensed with. Both interim applications disposed of.
Law Points
- Impleadment of legal heirs
- Amendment of pleadings
- Leave to amend
- Dispensing with reverification
Case Details
2022 LawText (BOM) (06) 38
Arbitration Petition No.290 of 2022, Arbitration Petition No.295 of 2022, Arbitration Application No.92 of 2022, Arbitration Application No.94 of 2022
Mr.Chirag Mody with Mr.Yash Momaya with Mr.Ayaz Bilawala and Ms.Disha Mehta I/B. Bilawala & Co., for the Petitioner/Applicant; Mr.Yugal Anjana Bhatia with Haaris Kozadia, for the Intervener/Applicant in IAL 19316/22 and IAL 19325/22; Mr.Mutahhar Khan with Mr.Hemant Mehta i/b. Mehta & Co., for Respondent Nos.1 and 2; Mr.Ishan Srivastava, for Respondent No.3 in ARBP no.290/22 & for respondent No.4 in arbp NO.295/22
Bhaskar Bapulal Shah & Ors.
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Nature of Litigation
Arbitration petitions under Sections 9 and 11 of the Arbitration and Conciliation Act, 1996, arising from disputes under a Deed of Partnership.
Remedy Sought
The petitioner sought impleadment of legal heirs of deceased partners in the pending arbitration petitions.
Filing Reason
To bring the legal heirs of deceased partners on record as parties to the arbitration proceedings.
Issues
Whether the legal heirs of deceased partners should be impleaded in pending arbitration petitions under Sections 9 and 11 of the Arbitration and Conciliation Act, 1996.
Submissions/Arguments
Learned Counsel for the applicant stated that the interim applications were filed praying for amendments to implead the legal heirs of the deceased partners.
Ratio Decidendi
The court allowed impleadment of legal heirs in arbitration petitions to ensure proper representation of parties, granting leave to amend and dispensing with reverification as a procedural facilitation.
Judgment Excerpts
Leave to implead the legal heirs of Himanshu Shah and Janak Shah, the deceased partners.
Amendment be carried out by tomorrow(21 June 2022). Reverification is dispensed with.
Procedural History
The petitioner filed Arbitration Petition No.290 of 2022 and Arbitration Petition No.295 of 2022 under Section 9 of the Arbitration and Conciliation Act, 1996, and Arbitration Application No.92 of 2022 and Arbitration Application No.94 of 2022 under Section 11 of the Act. Interim applications were filed to implead legal heirs of deceased partners. The court heard the matter on 20 June 2022 and disposed of the interim applications.
Acts & Sections
- Arbitration and Conciliation Act, 1996: 9, 11
