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iii. By consent, parties cannot give territorial jurisdiction to a Court, which inherently lacks the jurisdiction. In this regard, reference is made to the judgment of the Supreme Court in Patel Roadways Limited, Bombay Vs. Prasad Trading Company, (1991) 4 SCC 270. iv. The definition of "body corporate" under Section 2(1)(d) of the LLP Act, 2008 includes an LLP and Section 2(1)(u) of the LLP Act defines "Tribunal" to be the National Company Law Tribunal. Therefore, in respect of disputes between partners of the LLP, the jurisdiction would be that of the National Company Law Tribunal (NCLT) and not Civil Courts.

17. Section 13 of the LLP Act provides that every LLP shall have a registered office, where all communications and notices may be addressed and shall be received. In terms of Sections 11 and 36 of the LLP Act, documents in respect of the LLP, including the incorporation document, the statement of account, annual return, etc., shall also be available for inspection with the Registrar of the concerned State in which the LLP is registered. In terms of Section 34(1) of the LLP Act, the books of account in respect of an LLP shall be maintained at the registered office.

23. However, I may also note that I do not agree with the submission made on behalf of the petitioners/defendants that the jurisdiction with regard to the present suit would vest exclusively with the NCLT. In my view, the disputes raised in the present suit do not pertain to Sections 60, 61, 62 and 63 of the LLP Act in respect of which jurisdiction has been vested with the NCLT. Sections 60, 61 and 62 of Chapter XII of the LLP Act pertain to compromise, arrangement or reconstruction of LLPs, while Section 63 of Chapter XIII of the LLP Act deals with the winding up and dissolution of LLPs, none of which form the subject matter of the present suit. The disputes raised in the present petition pertain to inter se disputes of the partners of the LLP with regard to business accounts of the LLP and therefore, the remedy of the aggrieved partner would be to file a commercial suit in terms of the provisions of the Commercial Courts Act, 2015.

24. Section 9 of the CPC states that Courts shall have the jurisdiction to try all suits of a civil nature, excepting suits of which their cognizance is either expressly or impliedly barred. Merely because the definition of the "body corporate" under Section 2(1)(d) of the LLP Act includes an LLP, it is not automatically implied that the NCLT would be the competent forum for deciding all disputes inter se the partners of an LLP. Unlike Section 430 of the Companies Act, 2013, there is no bar on the jurisdiction of the Civil Courts under the provisions of the LLP Act. Therefore, in terms of Section 9 of the CPC, the suit shall be maintainable in a Civil Court.