RAJESH KUMAR Vs. DISTRICT JUDGE DELHI

JUDGEMENT

(1.) Petitioner says that he had entered into partnership with Respondent No.3 vide Partnership Deed dated 1.4.1987. Subsequently, disputes arose between them and he issued a notice to Respondent No.3 proposing appointment of an Arbitrator seeking dissolution of partnership and asking for rendition of accounts and on his failure to respond, he filed application under Section 11 before Learned ADJ (Suit No. 199/2002) which was dismissed by an order dated 13.8.2002 as not maintainable under Section 69(3) of Partnership Act. He challenges this order on the ground that his application for seeking appointment of Arbitrator under Section 11 could not have been dismissed even though it was filed by him as partner of an unregistered firm.

(2.) The short issue that arises is whether petitioner's application filed as partner of an unregistered firm was liable to be dismissed in view of the bar provided under Section 69(3) of Partnership Act.

(3.) We have decided this issue in a connected W.P.(C) No.2286/2003 (Vanita Gambhir Vs. District Judge, Delhi & others) holding that an application by a partner of an unregistered firm initiating proceeding within the meaning of Section 69(3) was barred unless it was covered by the exception provided under this Sub Section 3(a).