J.R.S.CRUSHER Vs. A.JAYAKANTHAN

JUDGEMENT

(1.) The petitioners herein have filed the present Contempt Petition against the respondents stating that the 1st respondent, willfully and with a malafide intention has sent the letter dated 09.10.2017 to the District Environmental Engineer, Hosur, which runs as follows:

(2.) The brief history of the case is that the petitioners 2 to 4 herein and the respondents are partners and they had entered into a partnership agreement on 27.07.2013 for carrying on the business of crushing blue metal. The 1st respondent also entered into a lease deed leasing out his land measuring about 3 acres and 84 cents and the same was granted to the 1st petitioner for the running the said operations of the partnership firm. The respondents herein had 20% shares in the said firm and the petitioners have the maximum shares.

(3.) It is also seen that there was a dispute arose between the parties regarding supply of boulders and other materials and accordingly, the petitioners herein have sent a legal notice to the respondents claiming that the respondents were not co-operating in the business and calling upon to cooperate for continuation of the said business, which has also ended up in a criminal case being filed between parties. Since there was an arbitration clause in the partnership agreement entered between the parties and the respondents did not co-operate for nomination of arbitrator, an application for appointment of arbitrator was filed by the petitioners and arbitrator was also appointed and pending arbitration proceedings, the petitioners herein have filed a interim application in I.A.No.3 of 2016 in O.P.No.347 of 2016 with the following prayers: