Supreme Court of India
Ravi Prakash Goel v. Chandra Prakash Goel and Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that in view of the provisions of Section 46 B read with Section 48 of the Indian Partnership Act as well as Section 40 of the Arbitration and Conciliation Act, 1996 the application for appointment of an arbitrator under the arbitration clause of the partnership deed was liable to be allowed and the learned Chief Justice has erred in overlooking the said provisions.
Judgment, page 12
From the headnote
Indian Arbitration and Conciliation Act, 1996: Section 11 (5)-Appointment of arbitrator-Application by the legal c heir of the deceased partner-Held, maintainable. Indian Partnership Act, 1932; Section 46-Rendition of accounts-Legal representative of a deceased partner-Right to sue-Held, survives on the legal representative. -+ The Short questions involved in the appeals were: .. (a) When• right to sue for rendition of accounts survives on the legal representative of a deceased partner, are the legal representative not entitled to invoke arbitration clause contained in the Partnership Deed?
Where later benches applied it
Of those, 1 referred to
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