BIRENDRA NATH DAS Vs. NRIPENDRA NATH DAS

JUDGEMENT

(1.) This revisional application is directed against the judgment and order passed by the learned Additional District Judge, 2nd Court, Alipore in Misc. Appeal No. 427 of 1983 affirming the order of the court below staying the suit of the plaintiff under Sec. 34 of the Arbitration Act.

(2.) The revisionist-plaintiff filed a suit for declaration that the partnership business between him and the opposite party-respondent, as defendant under the name and style Hunter Enterprises has stood dissolved and also for accounts of the partnership business up to the date of dissolution. It is his case that he dissolved his partnership business by serving notice upon the defendant in terms of Sec. 43 of the Indian Partnership Act as he had some dispute that the defendant which could not be resolved amicably. It is further claimed by him that the partnership in question was a partnership at will and as such he could maintain an action for declaration and accounts in respect of the dissolved partnership business.

(3.) The defendant contested the suit and filed a petition under Sec. 34 of the Arbitration Act contending that in terms of the Clause 18 of the deed for agreement of partnership, all disputes and differences including the question of dissolution of partnership business should be referred to and decided by an Arbitrator. According to him, the plaintiff could not unilaterally dissolve the partnership by serving notice upon him. The learned Assistant District Judge disposed of the application staying the suit under Sec. 34 of the Arbitration Act.