RAGHUBIR AGGARWAL Vs. JAGDISH PRASHAD GARG

JUDGEMENT

(1.) IN a suit for dissolution of partnership, rendition of accounts and other incidental reliefs, the defendant has taken out this IA under Section 34 of the Arbitration Act, praying to stay the proceedings in the present suit and get the matter referred to the arbitrators in terms of the arbitration agreement.

(2.) . According to the plaint, plaintiff and the defendants are the partners by virtue of the partnership agreement dated 2.4.79 and that the business of partnership to be the business of commission agents and merchants in Kirana goods under the name and Style of M/s. Jagdish Prashad Shiv Kumar Aggarwal or any other name as may be mutually agreed; that the said partnership was constituted w.e.f. 2.4.79 and the partnership business was carried on in the premises i.e. 204, Gali Kinariwali, Naya Bans, Delhi, taken on rent.

(3.) . It need hardly be said that when the parties have chosen the forum of their choice for resolving the dispute arising out of the agreement, the parties must be directed to go to the forum of their choice and there is no reason why there should be a departure to this general rule in the present proceeding. In the above view of the matter, I am inclined to stay the proceeding in the suit under Section 34 of the Arbitration Act, as there is no reason to disentitle the defendants to stay of the proceedings in the suit.