Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Unregistered partnership firm |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Partnership Act, 1932 : Section 69-Unregistered firm-Prohibition against-Scope and extent of prohibition. Agreement between appellant and respondent-Respondent an unregistered firm-Dispute between appellant and respondent-Reference to Arbitrator at the instance of appellant-Award in favour of respondent-Proceedings for making the award rule of Court-Objection by appellant that respondent cannot defend proceedings in view of the bar contained under Section 69- Held not maintainable-Prohibition contained in Section 69 is in respect of instituting a proceeding to enforce a right arising under a contract-It had no application before an Arbitrator-Award was not vitiated on account of prohibition contained in Section 69-Post award proceedings are not suit or other proceedings to enforce any right arising under a contract. Arbitration Act, 1940 : Sections 8(2) and 14(2). Arbitration-Bar contained in Section 69 of Partnership Act-Applicability to arbitration proceedings-Held not applicable. |
Judge | Hon'ble Mr. Justice Doraiswamy Raju |
Neutral Citation | 2000 INSC 362 |
Petitioner | Kamal Pushp Enterprises |
Respondent | D.r. Construction Company |
SCR | [2000] Supp. (2) S.C.R. 20 |
Judgement Date | 2000-07-28 |
Case Number | 2235 |
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