KALPANA KOTHARI vs SUDHA YADAV . — C.A. No. 7404 - 7406/2001

Summary of Kalpana Kothari v. Sudha Yadav (C.A. No. 007404-007406/2001) The Supreme Court set aside the High Court's order appointing a Receiver and granting injunction in a partnership dissolution dispute. The Court held that the High Court erred in rejecting the defendants' application under Section 8 of the Arbitration and Conciliation Act, 1996, and wrongly invoked estoppel based on withdrawal of earlier applications under the repealed 1940 Act. The Court remitted the case to the Trial Court to reconsider it afresh under the 1996 Act's mandatory arbitration provisions, finding that valid arbitration clauses in the partnership deed and builder agreement should have been enforced rather than entertaining applications for court-appointed receivers. This case analysis is maintained by casestatus.in based on publicly available court records.