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april 1996

Supreme Court of India · 1996-04-19

KRISHNA MOTOR SERVICE vs H.B.VITTALA KAMATH

Citation / case number
SC 1994/10907
Court
Supreme Court of India
Petitioner
KRISHNA MOTOR SERVICE
Respondent
H.B.VITTALA KAMATH
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the applicability of Section 20 of the Arbitration Act, 1940, in the context of an unregistered partnership firm under Section 69 of the Partnership Act, 1932. The Court held that since the partnership was not registered, the respondent was not entitled to a reference for arbitration as per the provisions of Section 69(1) and (3). The judgment clarified that the exceptions in Section 69(3) do not extend to claims for arbitration in unregistered partnerships, thus upholding the lower court's decision to reject the reference for arbitration.

KRISHNA MOTOR SERVICE vs H.B.VITTALA KAMATH · Niyam