N SATHYA Vs. V SEKAR

JUDGEMENT

(1.) These Criminal Original Petitions are filed to call for the records in MP. No. 5113 of 2005 on the file of the learned VII Metropolitan Magistrate, G.T. Chennai and to quash the same.

(2.) The brief facts, which are essential for the disposal of these Criminal Original Petitions, are as follows:- The Petitioner D.Nagendiran in Cr.OP. No. 25598 of 2005 and the Petitioner N.Sathya in Cr.OP. No. 24604 of 2005 are the husband and wife. D. Nagendiran and the Respondent were the partners of a Firm by name ACE India Exports and his wife Sathya and the Respondent's wife Rajeswari were the partners of a Firm by name Micro Fab, a sister concern of ACE India Exports, which was dealing in manufacturing and marketing automotive spare parts both in India and foreign countries. Due to certain indifferences, the Petitioners decided to dissolve the said partnership firms and accordingly issued a notice and with effect from 23.3.2004, the respective firms were dissolved. After dissolution of the firms, the Petitioners took out applications under Section 9 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the Act) for appointment of an Advocate Commissioner in OA. Nos. 1296 and 1398 of 2004 respectively to take inventory of the materials and machineries in the premises of respective companies. Applications were also filed in OA. Nos. 273 and 274 of 2004 respectively for an order of interim injunction restraining the Respondent and his wife from dealing with the affairs of the Companies. This Court had granted an order of interim injunction by order dated 26.3.2004 and also an Advocate Commissioner was appointed to seal the business premises of the respective companies.

(3.) In the said applications, the Petitioners have made certain allegations against the Respondent. In the mean while, the Respondent has filed an application to vacate the order of interim injunction, however the order of interim injunction was not vacated, but the Respondent was given permission to export the finished products of the Firm ACE India Exports by order dated 8.4.2004, as against which the Petitioners have filed an appeal in OSA. No. 76 of 2004 and the same seems to be pending.