Supreme Court of India · 2016-06-29
M/S UMESH GOEL vs HIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD.
- Citation / case number
- SC 2008/6050
- Court
- Supreme Court of India
- Petitioner
- M/S UMESH GOEL
- Respondent
- HIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD.
- Author
- Fakkir Mohamed Ibrahim Kalifulla
- Bench
- C. NAGAPPAN FAKKIR MOHAMED IBRAHIM KALIFULLA
Judgment text excerpt
The Supreme Court interpreted Section 69(3) of the Indian Partnership Act, establishing that an unregistered partnership firm cannot maintain a suit or claim in arbitration unless it is registered. The Court held that the respondent's failure to raise a plea under Section 69 during arbitration does not preclude it from challenging the award under Section 34 of the Arbitration and Conciliation Act, 1996. The appeal was dismissed, affirming the High Court's decision to uphold the arbitration award.