The Court further held that having regard to the proceedings pending in the High Court at Delhi it was a case in which without adjudicating upon the jurisdiction of the Subordinate Judge at Delhi, the application for appointment of the receiver was maintainable.
The Subordinate Judge overruled the objection and granted extension of time for making the award.
Appeal by Special Leave from the Judgment and Order dated the 1st November, 1968 of the Madhya Pradesh High Court, Indore Bench in Civil Miscellaneous Appeal No.
A revision application preferred against the order is pending before the High Court of Delhi.
Against that order an appeal was carried to the High Court of Madhya Pradesh.
Against that order, with special leave, this appeal has been preferred.
In the meanwhile Preetam Singh filed an action in the Court of the Additional District Judge, Mandsaur against Pratap Singh and Pritipal Singh brother in law of Preetam Singh for a decree for rendition of account of the dealing in respect of the Jaora Slate Pencil Works and for appointment of a receiver.
By an agreement dated December 18, 1965 disputes between Pratap Singh and Preetam Singh relating to the partnership business were referred to the arbitration of their brother Diwan Singh.
Pratap Singh applied under s. 34 of the Arbitration Act 1940 for stay of the suit, and the application was granted.
But the Additional District Judge directed that a receiver be appointed of the properties of the Jaora Slate Pencil Works at Pipliya.
The High Court was of the view that a case was made out for the appointment of the receiver.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Preetam Singh objected to the jurisdiction of the Subordinate Judge at Delhi to entertain the application.
By amendment of the plaint a claim for dissolution of partnership was also made.
Pratap Singh and Preetam Singh carried on business in partnership, at three places Pipliya in Madhya Pradesh, in the name of the Jaora Slate Pencil Works 2 Bombay, in the name of Partap Brothers and 3 Nagpur, in the name of Nice Tiles and Marble, Nagpur.
2321 of 1968.
C. Khanna for Respondent No.
K. Daphtary and B. Dutta for the Appellant.
The arbitrator entered upon the reference, but he was unable to companyplete the reference within four months.
C.J. Pratap Singh, Preetam Singh and Diwan Singh are three brothers.
111 of 1967.
Diwan Singh applied to the Court of the Subordinate Judge, Delhi, under s. 28 of the Arbitration Act for extension of time.
The Judgment of the Court was delivered by C. SHAH, AG.
