Mahendra Kumar Nandlal Patel and Anr vs Samir Mahendra Shah

Judgment text excerpt

912-ARBPL-17066-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 17066 OF 2025 Digitally signed by Mahendra Kumar Nandlal Patel SHRADDHA SHRADDHA KAMLESH and Ashwin Mahendra Kumar Patel … Petitioners KAMLESH TALEKAR TALEKAR Date: 2025.07.07 Vs. 16:16:56 +0530 Samir Mahendra Shah & 4 Ors. .. Respondents Mr. Chirag Kamdar a/w. Sakshi Agarwal i/b Bipin Joshi, for Petitioners. Mr. Sumit Rai a/w. Pritvish Shetty and Komal Shah i/b Vidhii Partners, for Respondents. CORAM : SOMASEKHAR SUNDARESAN, J. Date : July 1, 2025 Oral Judgement: 1. This Petition is an Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) to an order dated May 17, 2025 passed under Section 17 of the Act (“ Impugned Order”). It is the case of the Petitioners that they had been made partners of Alexis Hospitality LLP, Respondent No. 5 (“Alexis”) with a 20% share upon contribution of land until then owned by them, on which a building was constructed and is currently being used as a hotel which is the business of the LLP. 2. It is common ground that the Petitioners were not meant to manage the LLP and they were not the “ designated partners” of Alexis. The disputes and differences between the parties were referred to the Learned Arbitral Page 1 of 8 July 1, 2025 Shraddha 912-ARBPL-17066-2025.doc Tribunal, which was presented with an application under Section 17 of the Act essentially seeking an urgent intervention into expulsion of the Petitioners from the LLP. By the time of such application, the Petitioners' interests in the LLP were in the region of 6%. 3. The prayers in the Section 17 Application primarily relate to the expulsion of the Petitioners from membership of LLP, but also seek true and fair rendition o