Supreme Court of India · 2008-01-04
ATUL SINGH vs SUNIL KUMAR SINGH .
- Citation / case number
- SC 2005/25187
- Court
- Supreme Court of India
- Petitioner
- ATUL SINGH
- Respondent
- SUNIL KUMAR SINGH .
- Author
- AFTAB ALAM G.P. MATHUR
- Bench
- AFTAB ALAM G.P. MATHUR
Judgment text excerpt
The Supreme Court held that the Patna High Court erred in allowing the Civil Revision Petition under Section 8 of the Arbitration and Conciliation Act, 1996, which set aside the trial court's order rejecting the prayer for arbitration. The Court established that disputes arising from partnership agreements can be referred to arbitration only if the agreement explicitly provides for it, and the absence of consent from a deceased partner's heirs invalidates the subsequent partnership deed. The appeal was allowed, reinstating the trial court's order denying arbitration.