A.KUMAR Vs. PRECISION ENGINEERING

JUDGEMENT

(1.) This Civil Revision Petition has been preferred challenging the order of the learned District Munsif, Ambattur dtd. 28/6/2022 in I.A.No.2 of 2022 in OS.No.130 of 2022.

(2.) The 2 nd defendant in the said suit is the revision petitioner. Respondents 1 to 3 - plaintiffs filed the said suit against the revision petitioner and the 4 th respondent/1st defendant seeking the relief of declaration that plaintiffs 2 and 3 have got all the rights to operate, maintain and handle the bank accounts of the 1 st plaintiff lying with the 1 st defendant's bank and for mandatory injunction directing the 2 nd defendant to revoke and remove the freezing imposed on bank accounts. After receiving the suit summons, the revision petitioner, who is the 2 nd defendant, had filed the said application under Sec. 8 of the Arbitration and Conciliation Act, 1996 (for short, the Act) read with Sec. 151 of the Civil Procedure Code and sought to refer the suit for Arbitration. However, the said application was dismissed by an impugned order. Aggrieved over that, this civil revision petition has been preferred.

(3.) The first respondent /plaintiff is the partnership firm, in which, plaintiffs 2 and 3 and the revision petitioner are partners. The partnership deed was originally entered into on 19/3/1998 and later it was reconstituted on 1/4/2008 by virtue of a reconstitution deed. The partnership deed and the reconstituted deed were marked as Ex.P1 and Ex.P2 in I.A.No.2 of 2022 before the trial Court. The revision petitioner and the 3rd respondent/3rd plaintiff are the sons of the 2 nd plaintiff-Mr.P.Arumugam.