Ramendra Mohan Datta, J. - (1.) A terms of settlement is sought to be put in whereby all disputes in respect of the above suit have been agreed to be referred to arbitration as per agreement dated July 31, 1971. The said agreement has been made an annexure to the said terms of settlement.
(2.) BY an interlocutory order made in this suit, Ghose, J., by an order dated 22nd May, 1970 appointed two joint receivers being the respective representatives of the plaintiff and the defendant herein and directed them to run the colliery belonging to Messrs. Pure Sitalpur Coal Concern Limited (hereinafter called the said company). BY the said order the plaintiff, in this suit, inter alia, agreed to advance a sum of Rupees two lakhs and the said joint receivers were directed to invest the same in the said company for the purpose of running the said colliery. The joint receivers were also directed to pay up the sum by stated instalments. It was further directed that the said joint-receivers would stand discharged from further acting as joint-receivers subject to their filing of accounts, when the dues of the plaintiff firm would be fully paid off by them, and in that event they would make over possession of the said colliery to the defendant company. The admitted position is that the plaintiff firm in pursuance of that order advanced a sum to the extent of Rs. 36,000/- only and the balance sum had not been advanced by them. The claim in the suit herein is for a sum of Rs. 1,91,616.15 paise.
(3.) BY Clause 3 of the said arbitration agreement, which is annexed to the said Terms of Settlement, it is agreed that all interim orders made in this suit including the order for the appointment of joint receivers would stand vacated. BY Clause 4 it is also agreed that after such discharge the joint receivers would hand over possession of assets, books, papers and documents of the company to the company "represented by Kashavlal Ojha a Special Officer appointed in suit No. 2029-A of 1967 by an order dated 18th May, 1971". The said Special Officer appointed in Suit No. 2029-A of 1967 by the order dated 18th May, 1971 signed both the arbitration agreement as also the Terms of Settlement on 31st May, 1971. For and on behalf of the plaintiff one of the partners, one Ashok Kumar H. Mehta signed both the arbitration agreement as also the Terms of Settlement describing himself as a partner on 31st May, 1971. One B.B. Sinha has also signed the Terms of Settlement as late as on 3rd June, 1971 for and on behalf of Pure Sitalpur Coal Concern Limited but without indicating in which capacity he has so signed. The above is the actual position with regard to the arbitration agreement annexed to the Terms of Settlement proposed to be put in.;