PARAS RAM DARSHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) M/s. Paras Ram Darshan Lal filed two petitions (Suit Nos. 678-A of 1974 and 679- A of 1974) u/s 8 and 20 of the Arbitration Act for filing arbitration agreements in Court and appointment of arbitrators in the two cases, The cases are similar in nature and can be disposed of by this judgment. Petitioners firm is a dissolved partnership firm. All the partners of the dissolved firm executed a special power of attorney in favour of Shri Darshan Lal ex-partner authorising him to act on behalf of the firm and to sign all documents. The petitioners allege that various contracts were entered into by them with the Union of India for construction of bridges of the value of more than' Rs. 50 lakhs, that a contract for construction of four girdar bridges and one RCC Slab bridges was executed on 1.5.65 vide agreement No. 29/GAL, disputes arose and by letter dated 22.9.69 the respondent was requested to appoint an arbitrator but the respondent did not appoint any arbitrator and therefore they filed the present petition. In Suit No. 679-M of 1974 the contract was executed on 25.5.68 May, 1968, vide Agreement No. 30/CAL.

(2.) THE question in both the cases is ; Whether the petition u/s 8 and 20 of the Arbitration Act is barred u/s 69 of the Indian Partnership Act, 1939 (hereinafter called the Act). It is admitted that the petitioners' firm 'Ram Darshan Lal' is not registered under the Act. It is contended on behalf of the respondents that the petitioners' firm being not registered under the Act is not entitled to institute the present petition u/s 8 and 20 of the Arbitration Act and that the same is barred u/s 69 of the Act, It is further contended that the present petition is not for dissolution of the firm, or accounts of the dissolved firm, or enforcement of any right or power to realise the property of a dissolved firm, but it is only for filing of the arbitration agreement in court and for appointment of arbitrator.