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PETITIONER: THE PRINTERS (MYSORE) PRIVATE LTD.
Vs.
RESPONDENT: POTHAN JOSEPH.
DATE OF JUDGMENT: 27/04/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. WANCHOO, K.N. GUPTA, K.C. DAS
CITATION: 1960 AIR 1156 1960 SCR (3) 713 CITATOR INFO : R 1973 SC2071 (5) R 1989 SC 839 (19)
ACT: Arbitration Agreement-Power of court to stay legal proceedings-Order by trial court refusing stay of proceedings affirmed in appeal--supreme Court, if and when can interfere with concurrent exercise of discretion by the courts below-Arbitration Act, 1940 (x Of 1940), s. 34 Constitution of India, Art. 136.
HEADNOTE: The respondent was the Editor of the Deccan Herald, owned and published by the appellant, and the two contracts executed by the parties contained an arbitration clause that if in the interpretation or application of the contract any difference arose between the parties the same shall be referred to arbitration and the award shall be binding between the parties and also provided for, apart from his monthly salary, the payment of 10% of the profits to the respondent. Upon the termination of his services by the appellant, the respondent brought a suit for accounts and payment of the profits found due to him. The appellant by an 714 application pleaded that the suit ought to be stayed under S. 34 of the ...