BHAGWAN DAS GOEL (DEAD) THROUGH HIS LRS. AND ORS. vs PYARE KISHAN AGARWAL

The Supreme Court held that the High Court erred in dismissing the appellants' writ petition without considering the law laid down in Krishna Motor Service by its Partners vs. H.B. Vittala Kamath, 1996 (10) SCC 88. The Court emphasized that the maintainability of the application under Section 20 of the Arbitration Act, 1940 must be assessed in light of the provisions of the Partnership Act, particularly Section 69(3). Consequently, the Court remanded the case to the High Court for a fresh decision on merits, ensuring adherence to established legal principles.