PRAFULLA KUMAR MUKHERJEE Vs. PROBHAT KUMAR BHATTACHARYYA

JUDGEMENT

(1.) This appeal from original order is directed against Order No. 17 dated Sept. 27, 1966 made in Title Suit No. 2 of 1966 by Shri S. S. Ganguli, Subordinate Judge, Purulia, whereby the petition by the Defendant Respondent under section 34 of the Arbitration Act was allowed and the connected proceeding has been stayed.

(2.) The plaintiff appellant as a sole proprietor, at all material times used to carry on the business of a contractor in the district of Purulia and other places under the name and style of United Construction Co. He has alleged that on or about March 19, 1962 the said firm submitted tenders for the purpose of construction of various types of residential quarters for the proposed township of the Bandel Thermal Power Station, Tribeni, Hooghly under the State Electricity Board and such tender being duly accepted, necessary work order was issued on March 30, 1962. He has further alleged that in terms of the said tender he has also deposited the earnest money amounting to Rs. 12,800.00 .

(3.) It has also been alleged by the plaintiff - appellant that he was in the look out for having a suitable man to help and assist him in the supervision and completion of the said contract and the Defendant - Respondent, who was well suited for such purposes, having offered his services, he agreed to avail of the same and entrusted the said Respondent to secure and execute the contract and to do other preliminaries. He has further alleged that for the aforesaid purposes he had entrusted the said Respondent with advances and in fact he treated him as a partner for the contract in question. The plaintiff appellant has further stated that as the Defendant Respondent insisted for settling the terms, a deed of partnership for the contract in question was executed on July 12, 1962 Apart from clauses 3,4 5,6,8, 9, 11, 13 and 16 of the said partnership deed the clause which would be relevant for our consideration for the present case is clause 20, which is in the following terms :