JAGDISH BHATIA Vs. PARVATI DEVI

JUDGEMENT

(1.) The present appeal, under Sec. 37 of the Arbitration and Conciliation Act, is directed against the order dtd. 2/8/2022, passed in Arbitration Case No.70 of 2022.

(2.) By the impugned order, learned Additional District Judge (Commercial), while dealing with the petition preferred by the appellant herein, under Sec. 9 of the Arbitration and Conciliation Act, issued notice to the respondents. However, no ex parte ad-interim order of injunction, as sought by the appellant, was granted while observing that considering the facts of the case, without hearing to the opposite party, granting ex parte interim injunction order, would not be appropriate and legal.

(3.) The submission of the appellant is that the appellant is a partner in the partnership firm namely Bhatia Enterprises, of which, the respondents herein are partners/ heirs of erstwhile partners. The case of the appellant is that he has 4% share in the said partnership firm, which has landed assets. The grievance of the appellant was that the other partners/ legal heirs of the partners were disposing of the properties of the Firm to a third party, and also amongst themselves without his consent, which was mandated under the terms of the partnership.