2012 (5) TMI 814

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....., B.N.Agarwal, D.K.Srivastava, Rajeev Kumar Srivastava ORDER Hon'ble Sudhir Agarwal, J. 1. Heard Sri Ashok Bhatnagar, learned counsel for petitioner and perused the record. 2. Writ petition is directed against the judgment and order dated 18.3.1993 passed by Civil Judge, Jhansi adjudicating the preliminary issue raised by petitioner-defendant about the maintainability of Suit no. ....

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.... "69(3) The provisions of sub-section (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect, (a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm or any right or power to realise the property of a dissolved firm, or (b) the powers of an off....

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....ndra Gupta (supra) is concerned, it is no doubt true that the bar for suit under Section 69 (1) and (2) would apply to arbitration proceedings also but simultaneously the exceptions provided in Sub-section (3) would also apply to the said proceedings as is evident from bare reading of Sub-section 3 of Section 69 of Act, 1932. In the present case having considered the pleadings, the Court below has....