LAWS(BOM)-2023-1-374

RANJIT KANTILAL SHAH Vs. KRUTI INFRASTRUCTURE

Decided On January 19, 2023
Ranjit Kantilal Shah Appellant
V/S
Kruti Infrastructure Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this petition, the petitioners have prayed for appropriate action to be taken against the respondents/alleged contemnors for having disobeyed the order of this Court dtd. 28/8/2019, passed in Arbitration Appeal No. 13 of 2017. It is claimed that certain documents including sales deeds were executed by the respondents, in violation of the direction given in the said order passed in the appeal.

(3.) The backdrop in which the contempt petition is filed pertains to orders passed in the aforementioned appeal, which arose out of an order passed by the District Court under Sec. 9 of the Arbitration and Conciliation Act, 1996. The dispute between the parties arose out of partnership business. The petitioners claim that they were forced to retire from the partnership business, without signing specific documents. But when the matter came up before this Court in the form of the aforesaid appeal, it appears that the dispute boiled down to the share to which the petitioners would be entitled upon their retiring from the partnership business. In that context, in the order dtd. 30/6/2017, passed in Arbitration Appeal No. 13 of 2017, this Court observed as follows:-