https://www.taxtmi.com/caselaws?id=459435 Section 69(3) of the Indian Partnership Act was construed as a bar operating in the setting of a suit instituted in court, with "other proceedings" understood in connection with such suit-based claims. It was held not to create an independent prohibition against arbitral proceedings under the Arbitration and Conciliation Act, 1996. The limited meaning of "court" under the 1996 Act, and the confined scope of Sections 35 and 36, were treated as insufficient to treat arbitration as civil court litigation. The fiction that an award is enforced as a decree was held to apply only at the execution stage, so it does not attract the Section 69(3) bar. en-us Wed, 29 Jun 2016 00:00:00 +0530 Fri, 13 Dec 2024 19:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459435 Section 69(3) of the Indian Partnership Act was construed as a bar operating in the setting of a suit instituted in court, with "other proceedings" understood in connection with such suit-based claims. It was held not to create an independent prohibition against arbitral proceedings under the Arbitration and Conciliation Act, 1996. The limited meaning of "court" under the 1996 Act, and the confined scope of Sections 35 and 36, were treated as insufficient to treat arbitration as civil court litigation. The fiction that an award is enforced as a decree was held to apply only at the execution stage, so it does not attract the Section 69(3) bar. Case-Laws Indian Laws Wed, 29 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459435