Supreme Court · 2016 INSC 457 · Decided 29 June 2016

M/S Umesh Goel v. Himachal Pradesh Cooperative Group Housing Society LTD.

Court
Supreme Court of India
Citation
2016 INSC 457 · [2016] 6 S.C.R. 703
Case number
CIVIL APPEAL No. 7916/2009
Decided
29 June 2016
Bench
F.M. IBRAHIM KALIFULLA, C. NAGAPPAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Contract Act; Arbitration Act Section 35, 36, 2(l)(e); Limitation Act Section 14

Headnote

Partnership Act, 1932 - s.69(3) - Scope and ambit of - Whether the ban imposed u!s.69 against an unregistered firm can operate in the matter of arbitral proceedings by interpreting that the expression "other proceedings" in sub-section (3) of s.69 will include arbitral proceedings proceeding to a suit filed in a Court - Held: The ban imposed u!s.69 can have. no application to arbitral proceedings or arbitration award - Such proceeding will not come under the expression "other proceedings" in sub-section (3) of s.69 - Expressions couched in sub-section (3)

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