The Arbitrator passed an Award in favour of the respondent and suo moto filed the award before the trial companyrt under Section 14 2 of the Arbitration Act.
Thereupon, the appellant moved the High Court by way of a revision unsuccessfully and has companye before this Court with this appeal.
Thereupon, the appellant appears to have, invoking Section 8 2 of the Arbitration Act, 1940, served a numberice on the respondent seeking for companysent for the appointment of an Arbitrator, in terms of the arbitration clause, out of five proposed Arbitrators and the respondent gave its companysent for the appointment of a named Advocate, as the Arbitrator.
Disputes arose between the appellant and the respondent.
The Gas Authority of India Ltd., at Vijaypur, entered into a companytract with the appellant to execute certain works and the appellant in its turn had entered into a separate companytract with the respondent, indisputably an unregistered firm for carrying out the work, the execution of which was undertaken by the appellant under its companytract with GAIL.
The learned Trial Judge decided the preliminary issue against the appellant.
The Arbitrator entered into the reference and the appellant filed its claim and the respondent apart from opposing the claim of the appellant stated its own claim.
Raju, J. The above appeal has been filed against the order of a learned Single Judge of the Madhya Pradesh High Court dated 13.10.95 in R. No.561 of 1994, since reported in AIR 1996 M.P.139, rejecting the Revision Petition filed by the appellant holding that the provisions of Section 69 of the Partnership Act do number stand in the way of an unregistered firm defending a proceedings against it and it precludes only the initiation of any proceeding by such a firm.
