SANTOSH KUMAR BANERJEE Vs. SIDHESWAR BANERJEE

JUDGEMENT

(1.) BY this revision the defendant challenged the impugned order No. 38 dated 10.7.92 passed in T.S. 52 of 1991 by the learned Assistant District Judge, Alipore, appointing a receiver.

(2.) OVER the ancestral restaurant business under the name and style "CAF?", the two brothers viz. the plaintiff and the defendant entered into a partnership agreement dated 1st August, 1976. As the plaintiff worked elsewhere for gain and could not engage full time for looking after the said restaurant business and as the defendant engaged full time for management of the said restaurant business, their allegation of shares was to the extent of 45% and 55% respectively. The business ran smoothly upto January, 1991 but from February, 1991, a dispute arose regarding the management and accounts of the business. In that agreement there was a clause for arbitration. As the defendant refused to send the matter to arbitration, the plaintiff made an application under section 20 of the Arbitration Act before the learned trial Court for filing the agreement in Court, for referring the matter to arbitration, for injunction, receiver, inspection of accounts, etc.

(3.) RELYING on the decisions, to Wit. Jagadish Chandra Gupta v. Kajoria Traders (India) Limited (AIR 1964 SC 1882), Ikbal Singh and Others v. Ram Narayan and Others (AIR 1977 Allahabad 1952) and Uma Shankar Bajaj v. Narayan Das (AIR 1983 Patna 329). Mr. Bhaskar Bhattacharjee, the learned Advocate for the petitioner, contended that the suit was not maintainable and barred under sub-sections (1) and (2) of section 69 of the Indian Partnership Act as the partnership was an unregistered one. Consequently, the order appointing Receiver is without jurisdiction.