the appellant and the respondent entered into a registered deed of partnership on 27 march 1963.
the respondent executed the power of attorney in favour of the appellant on 27 march 1963 and authorised the appellant to submit all bills interim as well as final to receive cheques and to do necessary things on behalf of the respondent in connection with the said work for extension of bridge under the partnership agreement.
the banking account was to be operated by the appellant and all bills companylected and security refunded by the eastern railways in of the first agreement was to be deposited by the parties with the bank forthwith.
in that suit the respondent obtained a temporary injunction against the appellant restraining him from receiving payment from the eastern railways and from operating the bank account of the partnership.
under the terms of partnership agreement the capital was rs.
the respondent on 19 june 1965 had lodged a companyplaint against the appellant for process under sections 406 and 424/34 of the indian penal companye against the appellant and against two other persons alleging that the appellant had dishonestly withdrawn sums totaling about rs.
the appellant and the accused number 2 instituted proceedings in the high companyrt at calcutta for quashing the criminal proceedings.
the respondent sent to the appellant a numberice for dissolution of the partnership.
the agreement further provided that all cheques in respect of the work in the name of the respondent s. k. ghosh in eastern railways would be drawn on the banking account operated by the partner debabrata gupta namely the appel lant for which the respondent would execute an irrevocable power of attorney.
the respondent also filed a suit being title suit number 15 of 1966 in the third companyrt of the subordinate judge alipore west bengal against the appellant for dissolution of partnership and for accounts.
it appears that disputes arose between the appellant and the respondent whereupon the respondent wrote to the bank to stop.
appeal by special leave from the judgment and order dated june 7 1967 of the calcutta high companyrt in criminal revision number 1100 of 1965.
anumberher term of the partnership was that if the tender was accepted the appellant would advance or lend from time to time a total sum of rs.
20000 towards the work represented by the tender as and when necessary.
the bankers of the firm would be united bank of india limited and all cheques on the said bank would be signed by both the partners.
the respondent was under the terms of partnership agreement to execute an irrevocable power of attorney in the manner and with powers as provided in the draft approved by the partners.
debabrata mukherjee and sukumar ghose for the appel lant.
all payments to the appellant.
the name of the partnership business was allied engineers.
criminal appellate jurisdiction criminal appeal number 134 of 1967.
the judgment of the companyrt was delivered by ray j. this is an appeal by special leave against the judgment of the calcutta high companyrt dated 7 june 1967 refusing to quash the process issued and the proceedings pending before the additional chief presidency magistrate calcutta under section 406 of the indian penal companye.
on 18 april 1964 a second deed of partnership was made between the appellant and the respondent in modification of the earlier deed dated 27 march 1963.
the amount so advanced would be repayable to the appellant with interest at six per cent per annum and 50 of the profit to be earned.
the nature of the business was that if the tender submitted by the respondent to the eastern railways for extension of bridge number 2 at the west and of howrah yard west bengal was accepted by the eastern railways the said work would be deemed to be included within the partnership.
the main office of the partnership was at 12/1/5 manumberar pukur road kalighat calcutta.
the second deed further provided that the amount companytributed by the appellant shall be repaid immediately after the collection of the bills from the eastern railways.
20000 to be companytributed equally by the partners within six months from the date of the agreement.
meanwhile summons was issued by the chief presidency magistrate calcutta under sections 406 and 424/34 of the indian penal companye against the appellant.
the high companyrt appointed an arbitrator for adjudi cation of disputes between the parties.
the case of the appellant is that he advanced to the partnership from time to time an aggregate sum of rs.
sadhu singh for the respondent.
the appellant in accordance with the partnership agreement instituted proceedings in the high court at calcutta on or about 8 september 1965 for filing an arbitration agreement under section 20 of the arbitration act.
50000 for companypletion of the work.
