LAWS(MAD)-1964-4-2

N C PADMANABHAN Vs. S SRINIVASAN

Decided On April 07, 1964
N.C.PADMANABHAN Appellant
V/S
S.SRINIVASAN Respondents

JUDGEMENT

(1.) THE appellants have preferred this appeal against the order of the learned City civil Judge, dismissing their application under S. 34 of the Arbitration Act, for stay of all further proceedings in the suit, O. S. No. 3544 of 1962.

(2.) THE parties entered into an agreement of partnership dated 1-6-1961 for carrying on the business of manufacturing chemicals. Towards the end of 1962, disputes arose between the parties and the notices issued by the plaintiff show that mutual trust and confidence so essential for a smooth and successful carrying on of the partnership business has ceased to exist, and the plaintiff had made several serious charges of fraud and misappropriation and misconduct against the defendants, and that the plaintiff sought a dissolution of the partnership on the ground that it was no longer possible, to carry on the business of partnership save at a loss. The plaintiff issued the notice dated 14-11-1962 to which the defendant sent a replay on 1-12-1962 followed by a rejoinder by the plaintiff dated 6-121962. The suit for dissolution was filed on 10-12-1962 and even before filing the written statement, the defendants filed an application under S. 34 of the arbitration Act, on 18-1-1962, for stay of all further proceedings in the suit.

(3.) IN the reply notice dated 1-12-1962 sent by the counsel for the defendants there was no express reference to the arbitration proceedings but it contained only the following statements: