AKASH AGARWAL Vs. REKHA AGARWAL

JUDGEMENT

(1.) This is a petition filed under section 37 of the Arbitration and Conciliation Act whereby the petitioner has assailed an order dated 15 December, 2021 passed by the learned sole arbitrator under an application filed by the respondents/claimants under section 17 of the said Act. By the impugned order, the respondents' application under section 17 has been allowed in terms of prayer clauses (a) and (b), which reads thus:

(2.) The dispute between the parties has arisen under the Partnership Deed dated 25 June, 1976. The partnership comprises of three partners - Mr. Anil Agarwal (since deceased), the petitioner being the legal representative, respondent no. 1-Rekha Agarwal and respondent no. 2-Shashi Goel. The petitioner is legal representative of the original claimant. There is a counter claim as made by respondent no.1-Rekha Agarwal. The arbitral proceedings are at the stage of evidence. However, during the arbitral proceedings, section 17 Application in question came to be moved and the reliefs as noted above have been granted by the learned sole arbitrator.

(3.) I have heard Mr. Doctor, learned senior counsel with Mr. Astad Randeria for the petitioner and Mr. Anekar, learned counsel for respondent no. 1. Considering the nature of the reliefs which are granted at the interim stage and more particularly in terms of prayer clause (a), there was certainly an occasion for the Court to hear the parties. However, as to what has transpired before the Court would put an end to the controversy which has arisen in the present proceedings.