Bhagwan Das Goel (Dead) through a His Lrs. & Ors. vs Pyare Kishan Agarwal

Court

Supreme Court of India

Date

4 April 2019

Case No.

Civil Appeal No.3399 of 2019

Result

Allowed

Bench

Abhay Manohar Sapre, Dinesh Maheshwari

Citation

[2019] 6 S.C.R. 457 : 2019 INSC 464

Headnote

Arbitration Act, 1940:

s. 20 – Application for appointment of arbitrator – In terms of arbitration clause in the partnership deed – Preliminary 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 High 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 issue, which was the subject matter of the writ petition, keeping in view the law laid down by this Court in the case of *Krishna Motor Service case. Therefore, the matter should be remitted to the High Court for deciding the writ petition afresh on merits keeping in view the law laid down by this Court in the case of *Krishna Motor Service. [Paras 12 and 14][459-E; G] Krishna Motor Service by its Partners v. H.B. Vittala Kamath (1996) 10 SCC 88 : [1996] 1 Suppl. SCR 594 – referred to.

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 14.05.2012 passed by the High Court of Judicature at Allahabad in Writ C. No.14839/1993 whereby the High Court dismissed the writ petition filed by the appellants herein and upheld the order dated 18.03.1993 passed by the Civil Judge, Jhansi in O.S. No.140/1992. 3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point. 4. The appellants are the legal representatives of the original defendants

View Subscription Plans →