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june 2016

Supreme Court of India · 2016-06-29

M/S Umesh Goel vs Himachal Pradesh Cooperative Group ...

Citation / case number
AIR 2016 SUPREME COURT 3116
Court
Supreme Court of India
Petitioner
M/S Umesh Goel
Respondent
Himachal Pradesh Cooperative Group ...
Bench
C. Nagappan, Fakkir Mohamed Ibrahim Kalifulla

Judgment text excerpt

The Supreme Court addressed the applicability of Section 69(3) of the Indian Partnership Act in arbitral proceedings, holding that an unregistered partnership firm cannot maintain a suit or claim in arbitration if the partnership is not registered, as per the provisions of Section 69(1). The Court clarified that the lack of registration does not bar the firm from participating in arbitration but affects the enforceability of the award. The appeal was dismissed, affirming the lower court's decision to uphold the arbitration award despite the respondent's challenge under Section 34 of the Arbitration and Conciliation Act, 1996.

M/S Umesh Goel vs Himachal Pradesh Cooperative Group ... · Niyam