KARTIK RADIA vs BDO INDIA LLP AND ANR

CARAP-31-2022 -F.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION 1. Mr. Mayur Khandeparkar a/w.Mr. Jatin Pore, Sreeram VG, Karan Jain i/b DSK Legal, for Respondent No. 2. CORAM : SOMASEKHAR SUNDARESAN, J. Reserved on :January 28, 2025 Pronounced on : March 4, 2025 JUDGEMENT: 1. Whether disputes between partners of a limited liability partnership (“LLP”) and the LLP can at all be covered by the arbitration agreement contained in a limited liability partnership agreement (“ LLP Agreement”) to which the LLP is not a signatory, is the short question that has arisen in this Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). March 4, 2025 CARAP-31-2022 -F.docx 2. For the reasons set out below, I reject the absolute proposition canvassed by the Respondents – that because an LLP is not a signatory to the LLP Agreement, it can never be a party to proceedings initiated under the arbitration clause in such agreement. The Parties: 3. The Applicant, Mr. Kartik Radia (“Radia”) is a former partner of BDO India LLP, which is Respondent No. 1 (“ BDO”). Mr. Milind Kothari, the Managing P