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.