MOHAMMADALI MOHAMMADHUSAIN GANDHI Vs. UNIVERSAL ICON BUILDERS

JUDGEMENT

(1.) Rule. Learned advocate Mr. Saurabh Amin waives service of rule on behalf of respondents no. 2 and 3, learned advocate Mr. Hamesh Naidu wavies service of rule on behalf of respondent no. 4, learned advocate Mr. Varun Patel waives service of rule on behalf of respondents no. 6 to 9 and learned advocate Mr. Kewal Shah waives service of rule on behalf of respondents no.10 to 13. None appears for the rest of the respondents.

(2.) Having regard to the controversy involved in the present case which lies in a very narrow compass, with the consent of the learned advocates for the respective parties, the matter is taken up for final hearing.

(3.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged order dated 25th July, 2017 passed by learned 8th Additional Civil Judge and JMFC, Ahmedabad (Rural) in Regular Civil Suit No.130/2017 under section 8 of the Arbitration and Conciliation Act, 1996 (here-in-after referred to as "the Act"). The petitioner has also prayed to restrain respondents no. 10 to 18 from transferring or alienating or to do any other acts and deeds in relation to flats purported to be conveyed to them by sale deeds to any third party during the pendency of the petition. It is also prayed to appoint Court Commissioner to take inventory of books of accounts of respondent no.1 firm and assets of the partnership firm.