- (1.) Heard Sri Amit Saxena, for the petitioners and Sri Saurabh Raj Srivastava, for the respondents.
(2.) This petition has been filed for setting aside the order of Additional District Judge, dated 03.03.2016, allowing the appeal of the respondents and setting aside order of Civil Judge (SD)/ Judge Small Causes Court dated 26.03.1984 and remanding the case to the Court below for appointing Arbitrator.
(3.) Hari Prasad Tiwari (now represented by respondents-2 to 7) filed a suit (registered as O.S. No. 25 of 1979), on 20.11.1978, for direction to Chhotey Lal Jaiswal (now represented by the petitioners) to produce agreement dated 22.05.1957, executed between them, in the Court and refer the dispute to Arbitrator. Plaint case was that the plaintiff and the defendant entered into a partnership agreement dated 22.05.1957 to run Cold Storage and Ice Factory business at 180, Himmatganj, Allahabad. According to the agreement, the plaintiff had two annas share and the defendant had fourteen annas share, in a rupee, in profit and loss of the business. The plaintiff had to work as an Engineer, in the said business, on a remuneration of Rs. 300/- per month, in addition to his share in profit. The defendant subsequently prevented the plaintiff from working as an Engineer. The defendant, who maintained account of business, by manipulating the account, had been minimizing the profits. He did not pay remuneration of Rs. 300/- per month to the plaintiff since 1973. The plaintiff gave registered notice dated 20.10.1978 to the defendant, for appointing Pt. Kanhaiya Lal Mishra, Advocate, Badshahi Mandi, Allahabad as Arbitrator to settle the dispute between parties but in spite of service of notice, the defendant did not give any reply. As difference arose between the parties, as such the defendant be directed to produce agreement dated 22.05.1957, in Court and the dispute be referred to Arbitrator.;