Dinesh Khandelwal & Another vs Kamal Kishor Khandelwal & ... on 22 September, 2023
34. The objection based on Section 69(3) read with Section-69(1) &
(2) is concerned, this Court is of the view that this proceeding is merely
Page 21 of 25
ARBP No.60 of 2018
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for reference and does not determine the respective liabilities. But the
opinion expressed in Sukanti Barik vs. Bedabyas Barik: AIR 2021
ORISSA 66, cannot be applied in the present case, inasmuch as, the
said decision did not survey the effects of Section-11(6)(A) of the
Arbitration and Conciliation Act. In that case, this High Court held that
since the agreement was not properly stamped in view of Section-35 of
the Indian Stamp Act, the reference cannot be made. But in the present
case, we have noticed that it cannot be disputed that the reconstituted
partnership deed (the agreement) was duly stamped.