Orissa Court June 1979 Judgments

indrajit Singh and ors. Vs. Mirza JaliluddIn Baig and ors.

Court: Orissa

Reported in: AIR1979Ori196; 48(1979)CLT389

K.B. Panda, J.1. These are two Miscellaneous Appeals under Section 39 of the Indian Arbitration Act, 1940 (hereinafter referred to as the Act) against the judgment and decree of the Subordinate Judge, Cuttack dismissing Title Suit No. 167 of 1975 by making the Award a Rule of the Court on 20-2-1979 in the circumstances stated hereunder.2. Syed Maqusud Ali, appellant in Misc. Appeal No. 69/79 had filed as the sole plaintiff Title Suit No. 167 of 1975 in the Court of the Subordinate Judge, Cuttack for (i) dissolution of the partnership running in the name of 'Suraj Talkies'; (ii) for rendition of accounts of the said business by defendants 1 and 2; and (iii) for an injunction restraining defendants 1 and 2 from managing the partnership business. The suit based on a deed of partnership was filed on 17-9-1975. Defendants Nos. 1, 2, 4 and 3 filed petitions under S. 34 of the Act on 18-9-1975, 25-9-1975, 24-10-1975 and 9-1-1976 respectively for staying further proceedings in the suit on the ...