LAWS(ORI)-1958-9-4

NIRMAL CHANDRA BOSE Vs. SUDHENDU KUMAR DUTTA

Decided On September 10, 1958
NIRMAL CHANDRA BOSE Appellant
V/S
SUDHENDU KUMAR DUTTA Respondents

JUDGEMENT

(1.) THIS is an appeal from the judgment of the Subordinate Judge, Berhampur, rejecting an application by the appellant-petitioner under Section 20 of the arbitration Act on the ground that the Berhampur Court had no jurisdiction to entertain that application, and that the Civil Court in Calcutta alone has such jurisdiction.

(2.) THE material facts are as follows: the appellant is a contractor residing in Calcutta. Respondent No. 1 is also a permanent resident of Calcutta whereas respondent No. 2, bhagaban Sahu is a resident of Aska in the district of Ganjam. The three persons entered into a partnership on 29-2-1952, (Ext. 1) for the purpose of jointly working Government Forest Coupes in Ganjam district after taking the same on lease from the Forest Department. The terms of contract between them were embodied in the deed of partnership (Ext. 1 ). The material clauses are clauses 7 and 8. Clause 7 says that the profits and losses of the partnership business shall be borne in the proportion of 3 annas by the respondent No. 2 Bhagaban Sahu, and 13 annas by the respondent No. 1 and the appellant. Apparently respondent No. 2 was merely a sleeping partner. Clause 8, on the construction of which this appeal rests, may be quoted in full. "all disputes and questions in connection with or touching the partnership or this deed arising between the parties, shall he referred to a single Arbitrator to be nominated by second party and all such disputes shall be decided at Calcutta only. "

(3.) ON all other issues, this Court need not express any opinion at this state and they are left open. The appeal is, therefore, dismissed with costs.