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Application for stay of a suit under Section 34 of the Indian Arbitration Act, 1940 based on a partnership dispute involving interpretation of the arbitration clause and dissolution of partnership. Analysis: 1. The petitioners sought a stay of a suit filed by the respondent under Section 34 of the Indian Arbitration Act, 1940. The partnership firm, "ESBI CYCLE INDUSTRIES," faced disputes leading to a notice of dissolution of partnership by the respondent. The petitioners invoked an arbitration clause in the partnership agreement to resolve the conflicts. However, the respondent initiated a suit for declaration of partnership dissolution, accounts, and injunction before the Calcutta High Court. 2. The counsel for the petitioners highlighted clause 14 of the agreement, emphasizing the need for arbitration to address disputes among the partners. The petitioners argued for a stay of the suit, contending that the pending legal action concerned the rights and liabilities of the partners in the partnership business, falling under the purview of the arbitration clause. 3. The respondent's counsel raised concerns regarding the vagueness of the arbitration clause, particularly regarding the dissolution of the partnership. The court suggested a compromise where each party nominates an arbitrator, but the petitioners insisted on three arbitrators as per the agreement. The court acknowledged the ambiguity in the arbitration clause, especially regarding the dissolution of the partnership, which could complicate the resolution of disputes. 4. The court expressed reservations about the workability of the arbitration clause due to strained relations between the parties and the respondent's apprehension of not receiving a fair award. Considering the circumstances, the court decided not to stay the suit under Section 34 of the Act, exercising discretion based on the specific case details and the partnership dynamics. 5. Even if the arbitration clause was deemed workable, the court opined that the suit was a more suitable forum to address the disputes and differences between the parties. The court noted that the partnership had effectively ceased to function, and the respondent had served a notice of dissolution, making the dissolution of the partnership a critical issue that might not fall within the scope of the arbitration clause. 6. Ultimately, the court concluded that no order would be issued on the application, vacating the respondent's undertaking. The costs of the application were directed to be included in the pending Suit No. 3471 of 1969, highlighting the complex nature of partnership disputes and the challenges in applying arbitration clauses effectively in such scenarios.
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