RAJ KUMAR KAPUR Vs. KRISHAN KUMAR KAPUR

JUDGEMENT

(1.) This Order shall dispose of an application (I.A.No.6000/96) filed on behalf of Apollo Exports (Pvt.) Ltd. (hereinafter referred to as "the applicant") under Order VIII Rule 9 read with Section 151 of the Code of the Civil Procedure, 1908 (hereinafter referred to as `the Code of Civil Procedure').

(2.) The facts relevant for the disposal of the above mentioned application briefly stated are that Shri Raj Kumar Kapur and Shri Maharaj Kumar Kapur (hereinafter referred to as `the petitioners') have filed a petition (Suit No.630-A/82) under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as `the Act') against their brothers, namely, Shri Krishan Kumar Kapur and Shri Ram Kumar Kapur (respondent No. 1 and 2) and Smt. Vimal Kapur (respondent No.3), widow of their deceased brother. It is alleged that there was a Partnership Agreement between the parties dated the 10th March, 1966 for carrying on the business in the name of `Kapur Brothers'. Among the various properties of the firm, one is a showroom at Northstand, Brabourne Stadium, bearing No.87-E, Veer Nariman Road, Bombay. Various disputes, as set out in Para 13 of the petition, arose between the parties. The Partnership Deed dated the 10th March, 1966 contained an arbitration clause (Clause 18) on the basis of which the two petitioners, namely, Shri Raj Kumar Kapur and Shri Maharaj Kumar Kapur have filed the present petition (Suit No.630-A/82) under Section 20 of the Act with the prayer that the Partnership Deed dated the 10th March, 1966, containing the arbitration clause be directed to be filed in the Court and arbitrator or arbitrators be appointed by this Court to enter upon the reference and a decree be passed in terms of the award.

(3.) By an order dated the 4th April, 1983, Mr. Justice Prithvi Raj, a retired Judge of this Court was appointed as an Arbitrator. By the same order, parties were also restrained from alienating, transferring or parting with possession of any of the assets belonging to the partnership firm or in their possession.