NAZEEB Vs. KHALIQUE ZAMAN

JUDGEMENT

(1.) THE plaintiff/appellant has impugned the order dated 21. 5.91 passed in title suit No. 47/91. The plaintiff filed the aforesaid suit for the following reliefs:

(2.) THE plaintiff and the defendants constitute a partnership firm to carry on the business in the name and style of Gulmarg Refrigeration. The terms and conditions of the partnership were incorporated in a deed dated 9th September, 1979. It is asserted that though all the partners were to have equal shares in interest of business and each of them shall contribute towards the capital in equal amounts, the defendants were not honest and sincere in their efforts. The defendants always tried to misappropriate the fund and oust the plaintiff from the business. Subsequently by practising fraud a deed of dissolution of partnership firm was created showing the plaintiff as one of the partners.

(3.) AFTER hearing the parties, the learned court below though did not stay the hearing of the injunction petition but stayed the entire proceeding in the suit in exercise of its power under Section 34 of the Arbitration Act.