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2025 DAILYLAW 160298 (ALL)

Gaurav Pawan Gupta @ Gaurav Gupta v. Shubham Sharma and others

ARBT/95/2025 · 2025-08-25

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC. ARBITRATION APPLICATION No. - 95 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. 1. Heard Shri Roshan Kumar Khatri, learned counsel for the applicant. 2. The instant petition has been preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 3. Apparently, the applicant along with the opposite parties are partners in an LLP under the name and style of SSR Distillers and Bottlers. As per the applicant, certain disputes have arisen and by means of a legal notice dated 29.05.2025, the opposite parties were called upon to sit together with the applicant and attempt to resolve the disputes. Thereafter, the matter was not taken forward. 4. A specific query was put to the learned counsel for the applicant as to whether the arbitration clause in the LLP agreement has been invoked. In response, it was submitted that after the notice dated 29.05.2025, calling for an amicable settlement, no further notice invoking the arbitration clause was issued. 5. In view of the aforesaid, this Court is of the view that the present petition is premature at this stage. 6. Accordingly, the petition is dismissed, leaving it open for the applicant to appropriately invoke the arbitration clause and in case any cause arises, he Versus Counsel for Applicant(s) : Roshan Kumar Khatri, Tripti Gupta Counsel for Opposite Party(s) : Gaurav Pawan Gupta @ Gaurav Gupta .....Applicant(s) Shubham Sharma And Others .....Opposite Party(s) shall be at liberty to file a fresh petition in accordance with law. August 25, 2025 Shubhankar ARBT No. 95 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench