Any Dispute between the partners

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Pratik Nitin Vyas (Querist)

10 December 2009 1)Any Dispute between the partners should settled by Arbitration Act, 1940 why? What is the benefit in it? & the partners of the partnership firm or vice –versa cannot file the case in other courts or they have to depend on Arbitration Act, 1940 only?

2) Meaning of unless the contrary appears from the context. (with the examples)

3)As per The Companies act, 1956 Extraordinary General Meeting

1) In Case of approval of any document or documents has to be done by the members of the meeting, the notice must also state that the document would be available for inspection at the registered office of the co during the specified date & time.

So in case of co don’t display the document or documents which was approved than what is the penalty provision or any prosecution. As per which section or in which section it has been mentioned the penalty cause.

Thanking U All Experts In Advance.

CA SURENDRA KUMAR RAKHECHA

CA SURENDRA KUMAR RAKHECHA (Expert)

10 December 2009 Any dispute which arises between the partners; can be settled under the provisions of Arbitration and Conciliation Act, 1996 (Arbitration Act, 1940 repealed) if such provisions are made in the partnership deed.

To save time and costs; such provisions are made. There is no compulsion to make such provisions.

Any person can be appointed as an arbitrator under the above provisions.

Even if there are no such provisions in the partneership; the concerned parties can choose an arbitrator(s) of their own.

This is also an area of professional practice which is unfortunately not being used by the practicing professionals.

Ca Rakhecha
Surat

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