ABHISHEK SURESH MEHTA Vs. KANU CHANDULAL SHAH

JUDGEMENT

(1.) These two appeals preferred under sec. 37 of the Arbitration and Conciliation Act , 1996 read with sec. 15 of the Commercial Courts Act, 2015, arise out of common order dtd. 13/10/2021 in Commercial Civil Misc. Application No. 14 of 2021 passed by the Commercial Court-learned 11th Additional District Judge, Surat, partially allowing the said application which was for interim measures under sec. 9 of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as 'the Arbitration Act , 1996').

(2.) Heard learned senior advocate Mr. Mihir Joshi with learned advocate Mr. Rutul Desai and learned senior advocate Mr. Shalin Mehta assisted by learned advocate Mr. A. B. Munshi for the respective parties in both the appeals.

(3.) Application under sec. 9 of the Arbitration Act, 1996 came to be filed by one Abhishekh Mehta and two others against respondent Nos. 1 to 4 - Kanu Chandulal Shah and others, who all were the partners in the partnership firm in the name and style of Parth Developers. The partners were the family members. The applicants were known as belonging to Shah family and the respondents were identified as Mehta family, who both had 50% share in the profit & loss ratio of the firm. The firm was brought into existence pursuant to agreement dtd. 16/5/2013.