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Vimal & Another v/s Deepak & Others


Company & Directors' Information:- DEEPAK INDIA PRIVATE LIMITED [Active] CIN = U24231RJ2000PTC016781

Company & Directors' Information:- VIMAL INDIA PRIVATE LIMITED [Strike Off] CIN = U24231DL1999PTC099648

    CR. No. 746 of 2018

    Decided On, 18 March 2019

    At, High Court of Madhya Pradesh Bench at Indore

    By, THE HONOURABLE MR. JUSTICE PRAKASH SHRIVASTAVA

    For the Petitioners: Mohan Sharma, Learned Counsel. For the Respondents: R1, Jagdish Baheti, Learned Counsel.



Judgment Text

Heard finally with consent.

By this revision petition under Section 115 of the CPC non applicants No.2 and 3 in the pending proceedings before the court below have challenged the order dated 25.10.2018, whereby the petitioner’s application under Order 7 Rule 11 of the CPC has been rejected.

The respondent No.1 has filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 with the prayer for the interim relief and in those proceedings the petitioners had filed an application under Order 7 Rule 11 of the CPC questioning the maintainability of the proceedings and the said application has been rejected by the impugned order.

Learned counsel appearing for the petitioners submits that since the firm in question was an unregistered firm, therefore, the bar of Section 69 of the Indian Partnership Act is attracted and the application under Section 9 of the Arbitration and Conciliation Act is not maintainable.

As against this, learned counsel for the respondent No.1 has supported the impugned order.

Having heard the learned counsel for the parties and on perusal of the record, it is noticed that the trial Court has duly considered the objection raised by the petitioners in the impugned order in the light of the settled legal position and has found that the bar of Section 69 of the Indian Partnership Act is not attracted in the proceedings under Section 9 of the Arbitration and Conciliation Act. The view which has been taken by the learned court below is duly supported by the judgment of the Supreme Court in the matter of Umesh Goel Vs. Himachal Pradesh Cooperative Group Housing Society Ltd. reported in AIR 2016 SC 3116 and in the matter of Firm Ashok Traders and others Vs. Gurumukh Das Saluja and others reported in AIR 2004 SC 1433. The judgment of the Hon’ble Supreme Court dated 14.12.2018 passed in Civil Appeal arising out of the SLP (Civil) Nos.23062-23063 of 2018 in the case of Urvashiben & Anr. Vs. Krishnakant Manuprasad Trivedi is of no help to the petitioners because that was not a case relating to the application under Section 9 of the Arbitration Act and in that case it has been held that the limitation is a mixed question of fact and law. The present case stands on different footing.

Having regard to the aforesaid, I am of the opinion that the court below has not committed any illegality in exercise of jurisdiction, nor it has exceeded its jurisdiction while passing the impugned order. Hence no case for interference is made out. The revision petition is accordingly dismissed.

C.C. as per rules.

1. Heard finally with consent.

By this revision petition under Section 115 of the CPC non applicants No.2 and 3 in the pending proceedings before the court below have challenged the order dated 25.10.2018, whereby the petitioner's application under Order 7 Rule 11 of the CPC has been rejected.

The respondent No.1 has filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 with the prayer for the interim relief and in those proceedings the petitioners had filed an application under Order 7 Rule 11 of the CPC questioning the maintainability of the proceedings and the said application has been rejected by the impugned order.

Learned counsel appearing for the petitioners submits that since the firm in question was an unregistered firm, therefore, the bar of Section 69 of the Indian Partnership Act is attracted and the application under Section 9 of the Arbitration and Conciliation Act is not maintainable.

As against this, learned counsel for the respondent No.1 has supported the impugned order.

Having heard the learned counsel for the parties and on perusal of the record, it is noticed that the trial Court has duly Digitally signed by Trilok Singh Savner Date: 19/03/2019 17:53:00 HIGH COURT OF MADHYA PRADESH considered the objection raised by the petitioners in the impugned order in the light of the settled legal position and has found that the bar of Section 69 of the Indian Partnership Act is not attracted in the proceedings under Section 9 of the Arbitration and Conciliation Act. The view which has been taken by the learned court below is duly supported by the judgment of the Supreme Court in the matter of Umesh Goel Vs. Himachal Pradesh Cooperative Group Housing Society Ltd. reported in AIR 2016 SC 3116 and in the matter of Firm Ashok Traders and others Vs. Gurumukh Das Saluja and others reported in AIR 2004 SC 1433. The judgment of the Hon'ble Supreme Court dated 14.12.2018 passed in Civil Appeal arising out of the SLP (Civil) Nos.23062-23063 of 2018 in the case of Urvashiben & Anr. Vs. Krishnakant Manuprasad Trivedi is of no help to the petitioners because that was not a case re

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lating to the application under Section 9 of the Arbitration Act and in that case it has been held that the limitation is a mixed question of fact and law. The present case stands on different footing. Having regard to the aforesaid, I am of the opinion that the court below has not committed any illegality in exercise of jurisdiction, nor it has exceeded its jurisdiction while passing the impugned order. Hence no case for interference is made out. The revision petition is accordingly dismissed. C.C. as per rules.
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