C N MUTHUKRISHNAN Vs. C G BABU

JUDGEMENT

(1.) The appellants and the respondents entered into a partnership as per partnership deed dated 31.3.1993 for carrying on business as retail dealers of all varieties of Indian made foreign liquor. The partnership deed contained an arbitration clause for resolving disputes between the partners by referring the disputes and to nominate an Arbitrator.

(2.) The appellants approached this Court and this Court by order dated 10.3.2003 appointed a retired district Judge as Arbitrator. Meanwhile, the appellants approached the District Court, palakkad under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ) to appoint a Receiver as an interim measure pending arbitration proceedings. The respondents objected saying that the petitions are not maintainable and the same were accordingly dismissed as not maintainable.

(3.) Section 37 of the Act reads as follows: