CiteTEXT
...Firm Ashok Traders v. Gurumukh Das Saluja (2004) 3 SCC 155. It was also contended that in any event, the impugned judgment is.... AIR 1964 SC 1882 We may, however, notice that this Court in Firm Ashok Traders (2004) 3 SCC 155 despite following Jagdish Chandra Gupta...same was not maintainable in view of Section 69 of the Indian Partnership Act, as the plaintiff firm was not a registered one. The said finding was arrived at despite the fact that the respondent...
...Hon'ble Supreme Court in the case of "Firm Ashok Traders & Another vs. Gurumukh Das Saluja & others" reported as...learned Commercial Court completely misread the judgment rendered by Hon'ble Supreme Court in the case of "Firm Ashok Traders" (supra). It is contended that the said judgment nowhere provides that...of "Firm Ashok Traders" (supra) has held that even where the party approaching a court for interim relief under Section 9 of the Act has not disclosed his intent to commence arbitral proceedings, then...
...Firm Ashok Traders v. Gurumukh Das Saluja, 2004 (3) Mh. L.J (SC) 592 : 2004 (1) Arb. LR 141 (SC), inter...that the opinion was ‘prima facie’ and also concluded by the observation that view was taken ‘tentatively’.12. The earlier two judgments in Jagdish Chandra Gupta as well as Firm Ashok Traders came..., however, notice that this Court in Firm Ashok Traders despite following Jagdish Chandra Gupta held that section 69 of the Indian Partnership Act would have no bearing on...
...under Section 9 of the Act cannot prima facie be accepted. The reliance placed on Firm Ashok Traders v. Gurumukh Das Saluja (2004) 3 SCC...P.K Balasubramanyan, J.— Leave granted.2. M/s Kalinga Mining Corporation, a partnership firm bearing Registration No. 71/1949, came into existence...on 10-12-1949. During the years from 1973 to 1980, the firm obtained three mining leases from the State Government. The partnership firm was reconstituted in the year 1980, taking in some additional...
...Firm Ashok Traders v. Gurumukh Das Saluja, reported in 2004 (4) SBR 299 submitted that the relief sought for in an application...the Arbitration & Conciliation Act, as was held in the case of Firm Ashok Traders (supra).7. Accordingly, there being no infirmity or illegality with the impugned order, the....2. The circumstances leading to the above application are that the petitioner and O.P Nos. 1 & 2 formed a partnership firm in the name & style of Akash Ganga Construction by a deed...
...upon the judgment in Firm Ashok Traders v. Gurumukh Das Saluja, (2004) 2 CTC 208 : 2004 AIR SCW 366. It is the further...move the proceedings before the arbitrator. In this context, I extract hereunder the relevant paragraph in the judgment Firm Ashok Traders v...Firm Ashok Traders v. Gurumukh Das Saluja, (2004) 2 CTC 208 : 2004 AIR SCW 366 squarely applies to the case on hand. Holding that...
...India Ltd. reported at (1999) 2 SCC 479, more particularly paras 18 and 19. Counsel has also relied upon in the case of Firm Ashok Traders v...
...Firm Ashok Traders v. Gurumukh Das Saluja, (2004) 3 SCC 155 : (AIR 2004 SC 1433...is available as to why the applicant has not commenced the arbitral proceedings till now. Therefore, the judgment reported in Firm Ashok Traders' case referred to above would squarely apply to the....2. The Applicant firm is a manufacturer of Sodium Silicate having its manufacturing unit at Uthamacholapuram, Narimanan P.O Nagapattinam District. For the above manufacturing activity, they...
...in Firm Ashok Traders v. Gurumukh Das Saluja (2004) 3 SCC 155. Although therein the applicability of the arbitration agreement was in...Firm Ashok Traders (2004) 3 SCC 155 not because we agree with the principle laid down therein but only to suggest that Section 9 of the 1996 Act should be applied so that status quo may be directed to...question having regard to a Constitution Bench decision of this Court in Jagdish Chander Gupta v. Kajaria Traders (India) Ltd...
...1999 (2) SCC page 479 and Firm Ashok Traders v. Gurumukh Das Saluja reported in...
...judgment passed in Firm Ashok Traders v. Gurumukh Das Saluja, reported in 2004 (2) CTC 208, it is made clear that if the applicant...
...Court in Firm Ashok Traders Vs Gurumukh Das Saluja and Others1...
...Firm Ashok Traders and another etc., v. Gurumukh Das Saluja and others etc.,reported in 2004 (2) CTC 208, it is made clear that if the applicant herein fails to initiate arbitration...
...Firm Ashok Traders v. Gurumukh Dass Saluja, (2004) 3 Supreme Court Cases 155, wherein it has been held as under, vide Para 18..., enunciated by the Hon'ble Supreme Court in the case of Firm Ashok Traders, supra would go to show that the Hon'ble Court has held that “the power conferred on the Arbitral Tribunal under Section 17 and...
...Supreme Court in Firm Ashok Traders v. Gurumukh Das Saluja (A.I.R 2004 SC...Section 9 of the Act cannot prima facie be accepted. The reliance placed on Firm Ashok Traders v. Gurumukh Das Saluja [(2004) 3 SCC...
...Firm Ashok Traders and another v/s Gurumukh Das Saluja and others, 2004(1) Arb.LR 141 (SC), inter alia, the Supreme Court considered the question of maintainabi...'prima facie' and also concluded by the observation that view was taken 'tentatively'.
9. The earlier two judgments in Jagdish Chandra Gupta as well as Firm Ashok Traders came..., notice that this Court in Firm Ashok Traders despite following Jagdish Chandra Gupta held that Section 69 of the Indian Partnership Act would have no bearing on the right of a party to an arbitration...
...another decision of the Supreme Court reported in Firm Ashok Traders v. Gurumukh Das Saluja, I (2004) SLT 449...Jagdish Chandra Gupta v. Kajaria Traders (India) Ltd., AIR 1964 SC 1882, noticed that the said decision was distinguished by the Supreme Court in the case of ...the Debts Recovery Tribunal was an unregistered firm and, therefore, the bar under Section 69(2) of the Indian partnership Act, 1932 (hereinafter referred to as ‘the...
...out by Hon'ble the Supreme Court in Firm Ashok Traders and anr. etc. Versus Gurumukh Das Saluja and others etc., 2004(1) R.C.R. (Civil...-plaintiffs filed a suit for rendition of accounts in respect of a partnership firm emanating the cause of action from the terms of the partnership deed containing an arbitration clause. It was alleged that the.../ original partnership deed pales into insignificance. The claim of rendition of accounts is based upon the books of account of the firm, transaction, since the commencement of the partnership deed, till...
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"8. In Firm Ashok Traders and another vs. Gurumukh Das Saluja and others, 2004 (1) Arb.LR 141 (SC), inter alia, the...directly considered by the Supreme Court in the case of Firm Ashok Traders. Though the Supreme Court has expressed its opinion to be 'prima facie' and 'tentative', in our considered view the opinion that an...Firm Ashok Traders. We may also notice that in subsequent case in the matter of U.P. State Sugar Corporation Ltd., the Supreme Court did not say anything about the correctness of the decision in Firm...
...decision rendered by the apex Court in Firm Ashok Traders v. Gurumukh Das Saluja . In the said decision, Their Lordships of the apex Court...also the decision rendered by the apex Court in Firm Ashok Traders' case (3 supra).
32. For the foregoing reasons, and having regard to the peculiarfacts and circumstances of this case...