Supreme Court of India
Bhagwan Das Goel (dead) through His Lrs. & Ors. v. Pyare Kishan Agarwal
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What the Court ordered
In view of the foregoing discussion, the appeal succeeds and is accordingly allowed.
Judgment, page 3
From the headnote
Arbitration Act, 1940: s. 20 – Application for appointment of arbitrator – In terms of arbitration clause in the partnership deed – Pre liminary objection as to maintainability of the application on the ground that the same was barred u/s. 69(3) of Partnership Act as it was an unregistered partnership – Courts below held that the application was maintainable – On appeal, held: Matter remitted to Hig h Court for deciding the issue keeping in view law laid down in *Krishna Motor Service case – Partnership Act, 1932 – s.69(3). Allowing the appeal, the Court HELD:High Court did not decide the
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