MD. AJMAL Vs. MD. ARSHAD

JUDGEMENT

(1.) This appeal under Sec. 37 of Arbitration and Conciliation Act, 1996 (for short, 'the Act, 1996') is directed against order dtd. 14/8/2025 passed by Commercial Court, Prayagraj in Arbitration Case No. 23 of 2025 under Sec. 9 of the Act, 1996, whereby the application filed by the respondents has been allowed and the appellants have been restrained by interim injunction from selling the products of M/s. Rahat Herbal Industries under any other name and from withdrawing or misappropriating the money/funds from the bank account of the said partnership firm in question in their individual names till the final adjudication of the matter.

(2.) The application under Sec. 9 of the Act, 1996 was filed in the name of the firm M/s. Rahat Herbal Industries, Md. Arshad and Smt. Rashida Ajmal through next friend Md. Arshad against Md. Ajmal, Md. Ahsan, Asad Jamal and Mr. Omeir Shadab Noorani (minor) through his natural mother Smt. Afreena Shadab with the allegations that the firm Noorani Herbal Industries was constituted on 23/5/2008 with six partners i.e., Smt. Rashida Ajmal, Md. Ajmal, Md. Ahsan, Md. Arshad, Md. Ajmal, Asad Jamal and Shadab Jamal for carrying business of ayurvedic medicines. The name of the firm was later on changed to M/s. Rahat Herbal Industries with the same partners. It was indicated that the business started in the year 2008, continued regularly and the manufacturing unit of the firm was at Kishenpur, Dehradun Road, Roorkee, District Haridwar, Uttrakhand.

(3.) The sole business of the firm was the production and sale of Nurament and Noorani Tel, which is processed and manufactured in its unit. One of the partners, Shadab Jamal died on 13/8/2022 and his minor son Mr. Omeir Shadab Noorani (minor) was included in the said firm for the benefits of the partnership business and a supplementary deed was executed on 25/8/2022. It was claimed that the said partnership firm continues to exist with the partners.