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july 2000

Supreme Court of India · 2000-07-28

Kamal Pushp Enterprises vs D.R. Construction Company

Citation / case number
AIR 2000 SUPREME COURT 2676
Court
Supreme Court of India
Petitioner
Kamal Pushp Enterprises
Respondent
D.R. Construction Company
Bench
M. Jagannadha Rao, Doraiswamy Raju

Judgment text excerpt

The Supreme Court upheld the decision of the Madhya Pradesh High Court, affirming that Section 69 of the Partnership Act does not bar an unregistered firm from defending proceedings against it, but only precludes it from initiating proceedings. The Court clarified that the proceedings arising from an arbitration award are considered 'other proceedings' under Section 69, thus allowing the unregistered firm to seek enforcement of the award. The appeal was dismissed, confirming the lower courts' rulings on the applicability of Section 69.

Kamal Pushp Enterprises vs D.R. Construction Company · Niyam