RAM KUMAR AGARWAL Vs. RAMKISHAN TAYAL FOUJI

JUDGEMENT

(1.) THE plaintiff has come up in appeal aggrieved by an order of the trial Court holding an application under S. 20 of the Arbitration Act, 1940 to be not maintainable on account of bar created by S. 69(1) of Partnership Act, 1932.

(2.) THE plaintiff and defendants entered into a partnership on 15-12-1976. It appears; that the defendant No. 1 received certain payments relating to partnership and misappropriated the amount to his own use without distributing the same in accordance with the terms of partnership. On 1-6-1979, an application under S. 20 of the Arbitration Act was filed seeking filing of the partnership agreement, incorporating the arbitration agreement, in the Court and, thereafter, taking account through arbitration of the amount due and payable to the plaintiff and awarding the same to the plaintiff.

(3.) THE defendant No. 1 filed a reply to the applications and took an objection therein that the partnership being not registered, the application was not maintainable. THErein, it was also stated that the partnership had stood dissolved.