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july 2000

Supreme Court of India · 2000-07-28

KAMAL PUSHP ENTPS. vs D.R. CONSTRUCTION CO.

Citation / case number
SC 1995/18906
Court
Supreme Court of India
Petitioner
KAMAL PUSHP ENTPS.
Respondent
D.R. CONSTRUCTION CO.
Author
Doraiswamy Raju
Bench
M. JAGANNADHA RAO,J.,DORAISWAMY RAJU,J.

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 restricts it from initiating proceedings. The Court clarified that the proceedings arising from an arbitration award are not considered as 'initiating' proceedings under Section 69. Consequently, the appeal was dismissed, and the award in favor of the respondent was upheld.

KAMAL PUSHP ENTPS. vs D.R. CONSTRUCTION CO. · Niyam