KAMAL PUSHP ENTERPRISES versus D.R. CONSTRUCTION COMPANY

KAMAL PUSHP ENTERPRISES versus D.R. CONSTRUCTION COMPANY

Section 69 of the Partnership Act, 1932 does not bar an unregistered firm from defending proceedings or from receiving a decree on an arbitral award where the arbitration reference was initiated by the appellant. The post-award proceedings to make the award rule of court cannot be considered proceedings to enforce any right arising under a contract by an unregistered firm, and Section 69 has no application in such circumstances.

Parties
Appellant: Kamal Pushp Enterprises; Respondent: D.R. Construction Company
Jurisdiction
India
Judgment Date
28 July 2000
Procedural Posture
Civil Appeal / Final Supreme Court Decision
Outcome
appeal dismissed
Legal Topics
Unregistered Partnership, Arbitration Proceedings, Enforcement of Arbitral Award
Commercial Law Arbitration Partnership Law Unregistered Partnership Arbitration Proceedings Enforcement of Arbitral Award

Case Brief

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Parties

Kamal Pushp Enterprises

Appellant

D.R. Construction Company

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Decision

Legal Issues

  1. 1 Whether Section 69 of the Partnership Act, 1932 bars an unregistered firm from defending proceedings in court after arbitral award
  2. 2 Whether proceedings post-arbitral award to make the award rule of court are proceedings to enforce a right arising under a contract by an unregistered firm

Ratio Decidendi

Section 69 of the Partnership Act, 1932 does not bar an unregistered firm from defending proceedings or from receiving a decree on an arbitral award where the arbitration reference was initiated by the appellant. The post-award proceedings to make the award rule of court cannot be considered proceedings to enforce any right arising under a contract by an unregistered firm, and Section 69 has no application in such circumstances.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Parties will bear their respective costs