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october 1991

Supreme Court of India · 1991-10-22

SANGANER DAL AND FLOUR MILL vs F.C.I. AND ORS.

Citation / case number
SC 1984/68434
Court
Supreme Court of India
Petitioner
SANGANER DAL AND FLOUR MILL
Respondent
F.C.I. AND ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 19(2)(a) of the Indian Partnership Act, 1932, a partner does not have the implied authority to submit a dispute to arbitration unless there is a custom to the contrary. However, since no partner objected to the contract or the authority of Satya Narain to enter into the contract, the court found that the contract was ratified by the other partners. The arbitration clause in the contract was binding, and the reference for arbitration under Section 20 of the Arbitration Act, 1940, was deemed valid and within jurisdiction.

SANGANER DAL AND FLOUR MILL vs F.C.I. AND ORS. · Niyam