ASHWANI KUMAR VERMA Vs. RAJBIR SINGH AND ANR.

JUDGEMENT

(1.) THIS petition has been made by the petitioner under Section 9 of the Arbitration & Conciliation Act, 1996 (for short, "the Act") stating therein that he was a partner in the firm New Jagran Enterprise vide a partnership deed dated 3rd May 2003. He submits that respondent No. 1 who was also a partner of the firm had forged and fabricated various documents including his letter of resignation from the partnership and respondent No. 2 in order to mislead the bankers, had written letters that only respondent No. 1 was to operate the bank account. Same misrepresentation was made to various other clients of the firm and under this misrepresentation, respondent No. 1 collected dues from parties on behalf of the firm. Respondent No. 1 also impleaded the petitioner in false case of the theft of a truck belonging to the partnership firm. A prayer was made that the respondent should be restrained from collecting, realizing and misappropriate the payments due from the debtors of the said firm including acceptance of cash bills, cheques etc and he should be restrained from raising funds from the market in the name of partnership firm and from transferring, selling, alienating or creating third party rights qua the partnership assets and operating bank account standing in the name of the firm, issuing any cheque on behalf of the firm and in favour of the persons including the creditors.

(2.) VIDE an order dated 3rd September 2008, this Court had issued an ex parte interim injunction in favour of the petitioner observing that the petitioner has made out a prima facie case and thus Court restrained the respondent from operating the existing bank account of the firm and from opening any new bank account in the name of the firm and from receiving payments from the creditors of the said firm in any form other than by cheque or pay orders and from depositing such pay order/ cheque in any bank account other than the existing bank account.

(3.) THE contention of the petitioner is that this retirement deed was a forged document.