VidhiSangh

Supreme Court of India · 04/04/2019

BHAGWAN DAS GOEL (DEAD) THROUGH HIS LRS. & ORS. versus PYARE KISHAN AGARWAL

[2019] 6 S.C.R. 457 · 2019 INSC 464

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Summary

The Supreme Court remanded a challenge to arbitration proceedings arising from an unregistered partnership. The High Court had upheld rejection of a Section 69(3) Partnership Act objection without considering the binding decision in Krishna Motor Service. The Supreme Court required fresh consideration in light of that authority, expressly refraining from deciding the maintainability objection itself.

Issues

  1. Whether the High Court considered the relevant binding authority on the maintainability objection.
  2. Whether the Supreme Court should determine the substantive objection in the first instance.

Held

Result

Appeal allowed. High Court order set aside and writ petition remanded for fresh merits consideration in light of Krishna Motor Service, preferably within six months; substantive maintainability left open.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 457.