BHAGWAN DAS GOEL (DEAD) THROUGH HIS LRS. & ORS. versus PYARE KISHAN AGARWAL

BHAGWAN DAS GOEL (DEAD) THROUGH HIS LRS. & ORS. versus PYARE KISHAN AGARWAL

The High Court failed to consider the binding precedent of Krishna Motor Service v. H.B. Vittala Kamath in deciding the issue of maintainability of the application under Section 20 of the Arbitration Act, 1940 as affected by Section 69(3) of the Partnership Act, 1932. The case is to be remanded to the High Court for fresh adjudication on merits in light of the correct legal principle.

Parties
Appellant: Bhagwan Das Goel (Dead) Through His LRs & Ors.; Respondent: Pyare Kishan Agarwal
Jurisdiction
India
Judgment Date
04 April 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; case remanded to High Court.
Legal Topics
Appointment of Arbitrator, Unregistered Partnership, Maintainability of Application
Arbitration Partnership Law Civil Procedure Appointment of Arbitrator Unregistered Partnership Maintainability of Application

Case Brief

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Parties

Bhagwan Das Goel (Dead) Through His LRs & Ors.

Appellant

Pyare Kishan Agarwal

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the application for appointment of arbitrator under Section 20 of the Arbitration Act, 1940 is maintainable in respect of an unregistered partnership in view of Section 69(3) of the Partnership Act, 1932.

Ratio Decidendi

The High Court failed to consider the binding precedent of Krishna Motor Service v. H.B. Vittala Kamath in deciding the issue of maintainability of the application under Section 20 of the Arbitration Act, 1940 as affected by Section 69(3) of the Partnership Act, 1932. The case is to be remanded to the High Court for fresh adjudication on merits in light of the correct legal principle.

Court Disposition

Appeal allowed; case remanded to High Court.

Orders

  • Impugned order of the High Court set aside.
  • Case remanded to High Court for deciding the writ petition afresh on merits in accordance with the law laid down in Krishna Motor Service.