VISHWANATH PRASAD MURARKA Vs. YAMUNA PRASAD

JUDGEMENT

(1.) This application has been filed against the impugned order by which the petition under Section 8(1) of the Station Act for appointment of an Arbitrator filed on behalf of the opposite party has been allowed

(2.) The only point raised on behalf of the petitioner in this revision application is that the application under Sections (1) of the Arbitration Act was not maintainable as the firm in question was not registered under the Indian Partnership Act. Therefore, the application was barred under Section 69 of the Partnership Act and is liable to be dismissed on this ground alone. For appreciating the contention of the learned Counsel it will be useful to quote Section 69 of the Partnership Act, which reads as under:

(3.) It will be relevant to quote paragraph 15 of the petition filed under Section 8(1) of the Arbitration Act, which reads as follows: