COM No. 438 of 2024 · Calcutta High Court

Mr. Sandeep Pd. Shaw, Adv. Ms. Sangeeta Roy, Adv. Mr. Chandra Prakash, Adv. …for the respondent no1. The Court: This is an application under Section 11 of the Arbitration & Conciliation Act, 1996. The disputes between the parties arise out of a deed of partnership dated 21 September, 2016. It is alleged that the petitioner is an aspiring movie star and had entered into a partnership agreement dated 21 September, 2016 with the respondent under the name and style of M/s. Aam Public Entertainment. It is further submitted that pursuant to the aforesaid agreement the petitioner infused a total sum of Rs.1,20,00,000/- in the partnership firm as capital contribution. Prima facie, the firm appears to have done practically no 2 business whatsoever. It is alleged that as on date there is an amount of only Rs.67,97,720.36/- in the partnership firm. In an application under Section 9 of the Arbitration & Conciliation Act, 1996, by an interim order dated 4 December, 2023, the respondent was restrained from operating the bank accounts in the name of the firm.

This order is still continuing and has been extended from time to time. On behalf of the respondent, it is alleged that there is a claim of approximately Rs.66 crores payable to the respondent on account of loss and damages. Disputes and differences having arisen between the parties, the petitioner was compelled to invoke the arbitration clause and issue a notice dated 17 November, 2023 under Section 21 of the said Act. For convenience, clause 19 of the agreement, inter alia, provides as follows : “19. SETTLEMENT OF DISPUTES: Any matter for which provision has not been made in this partnership deed shall be decided by mutual consent of both partners in writing. Any disputes and differences which shall arise among the partners with regard to the construction, meaning and effect of this deed or any part thereof in respect of the accounts, profits and loss of the business, the rights and liability of the partners or the dissolution or winding up of the business or for any other reason or reasons, the same shall be transferred to the Arbitration and the Award of the said Arbitrator shall be final and binding upon all the partners.

In case the matter is not resolved upto satisfaction of either parties the same may be subject of judicial settlement under Arbitration and Conciliation Act, 1996 in conjunction to other applicable section of law the jurisdiction of the 3 same can be appealed at any of the high courts in the city of Mumbai or Kolkata. Within this same clause it is hereby agreed and decided upon hereto that each of the partners shall be authorised to represent the partnership firm before any statutory authority or any court of law or any agencies of the Govt. or of Corporations or Corporate and the partners hereby are authoirzed to execute the documents jointly or separately for and on behalf of the partnership firm.” In this background, it appears that there are live disputes between the parties arising out of the arbitration clause which pertain to the agreement dated 21 September, 2016. In such circumstances, AP-COM/438/2024 stands disposed of by appointing Ms.

Vineeta Meharia, Advocate and a member of the Bar Library Club as an Arbitrator, subject to the Arbitrator communicating her consent to the Registrar, Original Side of this Court within three weeks from date. The Advocate on Record of the petitioner shall communicate this order to the Learned Arbitrator forthwith and positively within 10 days from the date of passing of this order. With the aforesaid directions, AP-COM/438/2024 stands disposed of. s.pal

(RAVI KRISHAN KAPUR, J.)