In Brief
The respondent sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, to resolve disputes with an unregistered partnership. The defendants challenged the application's maintainability on the ground that Section 69(3) of the Partnership Act bars recourse for unregistered partnerships. The Civil Judge overruled this objection, and the High Court upheld the decision via writ jurisdiction. The Supreme Court found that the High Court had failed to address the core legal issue in light of precedent (Krishna Motor Service). The Court allowed the appeal and remanded the case to the High Court for fresh decision on merits in accordance with applicable law."
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