JAGDISH PRASAD SINGH Vs. SUBHASH SINGH

JUDGEMENT

(1.) HEARD Sri P.K. Khare, learned counsel for the appellants and Sri Surya Kant as well as Sri B.K. Saxena, learned counsel for the respondents.

(2.) INSTANT appeal has been preferred by the appellants against the order dated 17.4.2008 passed by the District Judge, Ambedkar Nagar in Original Suit No.02 of 2005 by which a decision has been taken for appointment of the Receiver under Section 9 of the Arbitration and Conciliation Act, 1996 (herein after referred to as the Act).

(3.) ON the other hand Sri Surya Kant as well as Sri B.K. Saxena, learned counsel for the respondents, submitted that in a proceeding under Section 9 of the Act, the Court has got power to appoint Receiver after considering overall necessity to balance the interest of both the parties. It has also been submitted that since the appellants themselves, while initiating proceeding under Section 145 Cr.P.C., had taken plea that partnership does not subsist and Sri Jagdish Prasad Singh is the sole owner of the picture hall in question and after drop of the proceeding by the Sub Divisional Magistrate, the respondents have been ousted and they have not been permitted to share liability under the Partnership Act.