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1978 Supreme(Cal) 269

SABYASACHI MUKHARJEE
TARAPADA MAJUMDAR – Appellant
Versus
K. B. GHOSH AND CO. – Respondent


Advocates Appeared:
Jayanta Mitra, S.PAL

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application by defendant No. 1 K. B. Ghosh and Co. a firm carrying on business and having its office at 6, Old Post Office Street, Calcutta in Suit No. 510 of 1977 asking that the suit against the applicant, K. B. Ghosh and Co. be dismissed, the name of M/s. K. B. Ghosh and Co. be deleted from the cause title of the plaint and the plaint be amended by deleting or striking out the allegations against K. B. Ghosh and Co. It appears that there was a partnership firm under the name and style of Calcutta Decorators of which Purna Roy Chowdhury, Smt. Mallika Roy Chowdhury, one Amit Roy Chowdhury and Ajit Kumar Roy Chowdhury, who are defendants Nos. 2, 3 and 4 in the present suit, were the partners. There were certain disputes and there was a reference to arbitration and the arbitrators were one Tarapado Majumdar and Pari-mal Kumar Roy Chowdhury. In respect of the said arbitration proceedings, the defendant No. 1, K. B. Ghosh and Co. wrote a letter to Sri Tarapado Majumdar, who was one of the arbitrators on the 19th July, 1977 which contained, Inter alia, the following allegations:"by a letter dated 18th May, 1977 written by the Joint Arbitrator o












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