Balasaheb Ganpatrao Karande v. Central Printers, Partnership Firm, Thr. Krishnarao Ganpatrao Karande And ORS.

12.IA.357.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SHRIKANT SHRINIVAS MALANI CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 357 OF 2022 by SHRIKANT SHRINIVAS MALANI Date: 2022.10.21 13:25:46 +0530 IN ARBITRATION PETITION NO.

OF 202 Balasaheb Ganpatrao Karande ...Applicant/Petitioner

Versus

Central Printers & Ors.

...Respondents

***  Mr. Yuvraj P. Narvankar, for Petitioner,  None for the Respondent.

*** CORAM : MANISH PITALE, J DATE : 19TH OCTOBER, 2022.

P. C. :

1.

This is an application for bringing on record Legal Representative of Respondent No. 4 who was also a partner in the concerned Partnership Firm.

2.

The learned Counsel for the Applicant has relied upon judgment of the Hon'ble Supreme Court in the case of Ravi Prakash Goel Vs. Chandra Prakash Goel & Anr. (2008) 13 SCC 667, to contained that in such circumstances where disputes arise amongst partners of a partnership firm and one of the partners expires, his legal representatives can certainly be brought on record for resolution of the disputes in terms of an Arbitration Clause contained in the Partnership Deed. By relying upon the said judgment, it is submitted that legal representatives of such deceased partner are, in Shrikant

12.IA.357.2022.doc fact, entitled to invoke the Arbitration Clause also. 3.

In view of the legal position brought to the notice of this Court, it becomes clear that in the present case also, the legal representatives of the Respondent No.4, who died on 10th December, 2021, deserve to be brought on record. A copy of the death certificate is placed on record.

4.

In view of the above, the application is allowed in terms of prayer clause (a). Amendment be carried out within one week from today.

5.

Application stands disposed of.

(MANISH PITALE, J.) Shrikant