PREM LATA Vs. ISHAR DASS CHAMAN LAL

JUDGEMENT

(1.) - Application for substitution is allowed.

(2.) THIS appeal, by special leave, arises from the judgment of the learned single Judge of the Punjab and Haryana High Court in Civil Revision No.660/85, dated 7/05/1985.

(3.) SHRI Dhruv Mehta, the learned Counsel appearing for the appellants neatly contended that the appellants are only seeking to enforce the rights of the parties arising from the dissolution of the firm for rendition of accounts of the dissolved firm and to take the property of the rights therein as per the terms of the contract to which Chaman Lal was entitled to. Instead of filing a suit, they invoked the arbitration clause 16 for reference to resolve the dispute by an alternative resolution forum created by the parties. Since sub-section 3(a) of S.69 of the Partnership Act carved out an exception to the main part of sub-sections (1) and (2) of S.69, there is no prohibition for the appellants to invoke clause 16 of the partnership deed and that, therefore, the suit filed under S.20 of the Act is maintainable.