T.K. Basu, J. - (1.) This is an application for the stay of a suit under Section 34 of the Arbitration Act. 1940. The lacs relating to the making of the present application may be briefly noted.
(2.) The petitioner and the respondents used to carry on business in partnership under the name and style of 'Technogenies' for the manufacture of various machines parts, switch gear etc. After the business went on for some years, disputes and differences arose between the petitioner and the respondents with regard to the carrying on of the business. It appears from the records that the dispute really started when the father of the petitioner who was a high placed executive in Macneill & Barry Ltd. (now Macneill & Magor Ltd.) and who was at the inception of the partnership business induced to leave his old job and joined this firm had how been served with a notice of termination of his service. The services of the sister of the petitioner who was also given a job in the partnership firm in a clerical capacity had also been similarly terminated. Further details of the disputes and differences however are immaterial for the purpose of the present application.
(3.) On or about 8th June, 1978 the respondents filed Special Suit No. 39 of 1978 against the petitioner under Section 20 of the Arbitration Act, 1940 for the filing of the arbitration agreement in Court and for an order of reference. In that Special Suit, the respondents herein made an application under Section 41 for various injunctions and other reliefs in which certain orders were made by Sabyasachi Mukharji, J with regard to the operation of the account of the firm and the monies thereof. The details of those orders which were passed from time to time need not be gone into in this application. According to the records, the petitioner herein also made an application on the 11th September, 1978 for the appointment of the Receiver for the business of the firm on which no order was passed.;