JAGATBHAI PUNJABHAI PALKHIWALA Vs. VIKRAMBHAI PUNJABHAI PALKHIWALA

JUDGEMENT

(1.) In Civil Suit No. 1.825/81 by the petitioners-plaintiffs, an application (notice of motion) was given for certain interim orders. The dispute is amongst family members and relates to number of businesses and large properties. It appears that there was some appointment made of arbitrators and certain record was with the arbitrators who are defendant-opponent Nos. 9, 10 and 11.

(2.) In the suit a declaration is sought that the various businesses mentioned in schedule 'A' and all the assets and properties of the businesses mentioned in schedule A and described in particular in schedule E were the properties of the entire family in which three branches of the family including that of the plaintiffs had 1 /3rd share each and the defendants were liable to render true and full accounts thereof and for partition of the share etc. In the notice of motion, prayers were made for an interim order and injunction restraining the defendant Nos. 1 to 8 from carrying on businesses mentioned in schedule A and from alienating in all the properties of the said businesses and for appointment of receiver of the said businesses, for appointment of Commissioner to make inspection and take possession of books of accounts, income tax files, share transfer books etc. The plaintiff also prayed for an interim order for appointment of a Special Officer of the Court to collect the arbitration agreement and all records and proceedings and documents produced in the arbitration proceedings, from the arbitrators. A notice of motion was presented on 8th July 1980 and on the same day, the Court was moved for urgent ex-parte order and the trial court passed the following order :

(3.) The prayers (C) and (D) are as follows :