Limitation

Querist : Anonymous (Querist) 15 June 2011 This query is : Resolved
In a suit proceeding before the High Court the Ld. Judge has directed and allowed the filing of an arbitration clause contained in the deed of a partnership firm that dissolved about 20 years back. Is this tenable?

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M/s. Y-not legal services (Expert) 15 June 2011
I think your query is not clear. Please make it clear first..

PALNITKAR V.V. (Expert) 15 June 2011
If it is allowed to be filed by the HC, there must be some relevance.

Advocate. Arunagiri (Expert) 15 June 2011
If the high court passes an order, how you are asking this forum whether it is "tenable".

prabhakar singh (Expert) 15 June 2011
Was it an order passed by High court exercising its original suit jurisdiction ??????????
Mr. Tom has rightly remarked this query incomplete.
and i find Mr.Arunagiri,also right in his remarks,that it is not with in capacity of this forum to decide it is tenable or not tenable.

Querist : Anonymous (Querist) 15 June 2011
I truly apologise for my choice of words as I am a litigant and not a lawyer.
The episode goes like this:
X and Y were two partners of a registered partnership firm. X died in 1990 and it was agreed that the firm would remain dissolved and was not reconstituted. Y also passed away in 1994 but no settlement of accounts ever took place. The heirs of X are admittedly in possession of the movable and immovable properties of the dissolved firm.
The heirs of X filed a civil suit in 2008 before the original side of the High Court seeking a declaration that the heirs of Y have no right title or interest in the said assets of the dissolved firm under Article 5 and Section 27 of the Limitation Act.
The heirs of Y filed an application u/s 8 of the Arbitration and Conciliation Act 1996 in this suit seeking reference to arbitration in terms of the arbitration clause contained in the deed of the dissolved partnership.
No correspondence was ever entered into post dissolution between the parties. Even the original arbitration agreement or its certified copy was not annexed to the application u/s 8.
The Hon'ble High Court (original side High Court as aforesaid) has directed filing of the arbitration agreement without any finding as to its validity while dismissing the plea of non-annexing of the original arbitration agreement as "not necessary under the circumstances".
I shall be grateful for your advice.

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