S S SAHU Vs. HARIPRASAD SAHA

JUDGEMENT

(1.) THE defendant in a suit for dissolution of partnership is in appeal against rejection of a petition under Section 34 of the Arbitration Act praying to stay the suit.

(2.) THE plaintiffs and defendant constituted the partnership in the name and style of "Shri Shibsankar Saha & Brothers." THE plaintiffs filed the suit for dissolution of the partnership and for rendition of accounts. THEre are charges of misappropriation of the partnership money and violation of the conditions of the partnership and mismanagement against the defendant who is the Managing Partner. A petition was filed for appointment of receiver on the allegation of mismanagement. THE defendant took a couple of adjournments to file written statement and objection to the petition for appointment of receiver. Ultimately he filed a petition under Section 34 of the Arbitration Act. THE main grounds (sic) on which the partnership deed provided for settlement of disputes by arbitration and hence the suit should be stayed and the matter should be left to the decision of the domestic forum.