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1978 Supreme(Cal) 190

SABYASACHI MUKHARJEE
BRIJ GOPAL BINANI – Appellant
Versus
SREELAL BINANI – Respondent


SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application under Section 34 of the Arbitration Act, 1940 for stay of Suit No. 229 of 1978. This is a suit by Sreelal Binani against 14 defendants. Of the 14 defendants, the defendants Nos. 1 to 10 are said to be the partners of Pioneer Match Factory and defendants Nos. 11 to 13 are alleged to be the benamdars and name lenders of the defendants Nos. 1 to 10 and defendant No. 14 is said to be a concern in which the defendants Nos. 11, 12 and 13 are the partners. In the plaint, it is alleged that Pioneer Match Factory has its head office at 11, Sovaram Basak Street Calcutta and its factory is situate at 16, Dum Dum Road, 24-Parganas. The said partnership was carried on under a Deed of Partnership dated 7th Dec. 1971. The said Deed of Partnership contained, inter alia, the following clauses;"clause 3: That partnership shall continue till such time as the partners hereof agree to continue. Clause 12: That all disputes and differences which may arise amongst the partners or between one of them and the personal representatives of the others or between other respective personal representatives and whether during or after the determination of the p








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