P.C.Mallick, J. - (1.) THIS is an application for an order restraining the respondent Sreechand Agarwalla his servants or agents from proceeding with Suit No. 398 of 1958 filed in the City Civil Court. The application is made by Hansraj Kapur and is instituted In the Matter of the Arbitration Act and In the Matter of Arbitration Agreement dated April 19, 1951 (Sreechand Agarwalla v. Hansraj Kapur). The arbitration clause is to be found in a partnership agreement dated April 19, 1951 a copy of which is annexed to the affidavit of Jitesh Chandra Sanyal. The parties to the agreement are the parties to this proceeding,
(2.) CLAUSE 2 o the Partnership Deed indicates that Kamal Bros, the new partnership will be carried on at No. 13, Manohardas Street in which the respondent Agarwalla was already carrying on his own business. Clause 12 provides that the goodwill of the firm will always belong to Kapur the petitioner.
(3.) CLAUSE 14 is the arbitration clause and reads as follows : "Any dispute regarding the partnership business will be decided by Arbitrator appointed by each of the partners, In case of difference of opinion between the Arbitrators the decision of the Umpire appointed by the partners will be final and binding on the partners.";