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1984 Supreme(P&H) 486

G.C.MITTAL
Narinder Singh Randhawa – Appellant
Versus
Hardial Singh Dhillon – Respondent


Judgment

1. Narinder Singh and Smt. Harprit Randhawa filed a suit for dissolution of partnership and rendition of accounts of Messrs Janta Rice Mills, Mehta, District Amritsar. On receipt of the notice of the suit, Hardial Singh Dhillon filed an application under Sec.34 of the Arbitration Act for staying the suit on the pleas that the firm had already been dissolved and in the partnership deed it was agreed between the parties that they would get their disputes settled through arbitrators and hence, the dispute in the present suit should be referred to the arbitrators and the suit be stayed. The plaintiffs contested the suit.

The trial Court framed the following issues:-

(1) Whether there is valid and subsisting agreement between the parties relating to the subject-matter of the dispute? OPA

(2) If issue No. 1 is proved whether the proceedings in the suit are liable to be stayed? OPD

(3) Relief.

After evidence was led, the trial Court by judgment dt. 29-5-1976, allowed the application of the defendant and stayed the suit after giving findings on all the issues in favour of the defendant. This is plaintiff s appeal.

2. After hearing the learned counsel for the parties I am of the vie








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