PRAN NATH PUSHKARMA Vs. MADAN MOHAN

JUDGEMENT

(1.) THIS is defendant No. 1's application under section 34 of the Arbitration Act (herein called 'the Act') seeking stay of the suit on the ground that deed of partnership dated 1st July, 1957, executed between ths plaintiff and defendant No. 1 contains arbitration clause which is comprehensive and covers all disputes between the parties and that the suit having been filed in respect of matters covered by the arbitration clause is liable to be stayed.

(2.) THE case of defendant No. 1 is that he had taken no steps so far in the suit except for filing of the Vakalatnama by his counsel on 7th January, 1974. It is further averred that he was always ready and willing to submit any dispute to arbitration in accordance with law and that he is still ready and willing to submit to arbitration proceedings if such proceeding? would lie in law ; that the disputes and differences between the parties had in fact been referred to arbitration sometime in June/July, 1971 and that the suit had been filed with a view to avoiding the arbitration clause contained in the agreement.