Lalitkumar V. Sanghavi (D) Th. Lrs Neeta Lalit Kumar Sanghavi & Anr. Vs. Dharamdas V. Sanghavi & Ors.
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Head Note
The Arbitration and Conciliation Act, 1996 - Section 11 , Section 32
Termination of mandate - Challenged - Parties were carrying on some business in the name and style of a partnership firm constituted under a partnership deed - Said partnership deed provided for the resolution of the disputes arising between the partners touching the affairs of the partnership by means of an arbitration - Dispute arose application u/s. 11 of Act - Tribunal terminated said arbitration proceedings - Hence, instant appeal - Under sub-S. 2. Sub-s. (2) of s. 32 of Act provides that the arbitral Tribunal should issue an order for the termination of the arbitral proceedings in the 3 contingencies mentioned in sub-cls. (a) to (c) of s. 32 of Act - The question whether the mandate of the arbitrator stood legally terminated or not could be examined by the court 'as provided u/s. 14(2) of Act' - Apprehension of the appellant that they would be left remediless was without basis in law - Appellants were at liberty to approach the appropriate court for the determination of the legality of the termination of the mandate of the arbitral Tribunal - Appeal dismissed.
Topic(s)-Termination of mandate