KANAHI RAM Vs. KARTAR SINGH

JUDGEMENT

(1.) Respondent Nos.1 and 2 have filed IA No.5750/97 seeking rejection of the petition under Section 20 of the Arbitration Act, 1940 (hereinafter called the "the Act") under Order 7, Rule 11, Civil Procedure Code on ground that the partnership firm not being registered, the petition is barred by Section 69(1) of the Partners Act, 1932.

(2.) Before considering the objection, firstly, relevant facts in brief are require to be taken note of.

(3.) The petitioner and the respondents entered into a partnership agreement on 8th February, 1990 in relation to cinema business including canteen and cycle stand or by any other source by using the cinema building belonging to the partnership firm. The petitioner has claimed rendition of accounts relating to cycle stand and the canteen of Kalyan Cinema from 1986 onwards and to pay share of the petitioner to the extent of 31.66%. The petitioner further seeks reference of the petition under the arbitration clause which reads as under :