Partnership act

hari sri chunduru (Querist) 14 October 2012 This query is : Resolved
the question I have asked is in not regard of academic interest a case already filed before the high court of andhra pradesh since unregistered cannot refer the matter to arbitration therefore i have asked my querrry in this regard

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Ms.Nirmala P.Rao (Expert) 15 October 2012
Dear Client,

Whether registered or unregistered you can still choose to refer your case to arbitration because partnership is nothing but contract. Once a contract is legal , has consideration, valid consent and not opposed to public policy etc all contract6s are valid.

Ms.Nirmala P.Rao
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M V Gupta (Expert) 15 October 2012
Section 69 of the Partnership Act prohibits an unregistered firm from filing a suit in a court to enforce a right arising from a contract. In view of this the application filed by the un registgered Firm in the High Court for appointment of an arbitrator under the arbitration agreementr is liable to be dismissed. However such application if filed by the other party to the contract may be permissible, as the prohibition under the secftion does not apply to him.

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