KIFAYATULLAH HAJI GULAM RASOOL Vs. BILKISH ISMAIL MEHSANIA

JUDGEMENT

(1.) THE petitioners have invoked the jurisdiction of this Court under sections 14 and 15 read with section 9 of the Arbitration and Conciliation Act, 1996 (Act and short)

(2.) IN this petition, the petitioners have initially prayed for the following main reliefs.

(3.) BRIEF background facts of the case are that the petitioners and the respondents are partners of a partnership firm M/s. Fateh Mohammed Nasiruddin and Co. The said partnership firm was constituted under Deed of Partnership executed on or about 28th April, 1992. The dispute between the parties has resulted in the Arbitration Petition No. 263 of 1998 under sections 9 read with section 21 of the Act, seeking ad-interim reliefs in terms of prayers (a), (b) and (c) of the said petition. The said petition came to be disposed of by order dated 23-2-1998, whereby the Court Receiver, Mumbai was appointed pending the hearing and disposal of the arbitral proceedings with direction to take possession of the buffaloes whatever be the number, belonging to the partnership without power to sell except with permissions the Court with further directions to the Court Receiver to finalise the agency agreement within a period of 2 months in terms of the said order. In the same proceedings an order of injunction was also passed pending disposal of the arbitration proceedings and the respondents were restrained from dealing with the properties belonging to the partnership firm and from operating bank accounts of the firm.