RAJESH SHARMA Vs. UMA CONSTRUCTIONS

JUDGEMENT

(1.) The dispute involved in the three Commercial Arbitration Petitions being fled as petition numbers CARBP No.264/2022, CARBP No.185/2022 and CARBP No.16341/2022, revolve around the affairs and assets of the partnership frm M/s. Uma Constructions (hereinafter referred to as 'the frm'). The frm presently comprises of three partners, Mr Rajesh Sharma, Mr Sunil Sharma and Mr Sunny Ramani. Mr Rajesh Sharma and Mr Sunil Sharma (hereinafter referred to as Sharmas/Sharma brothers) stake interest to the tune of 25% in the said frm whereas Mr Sunny Ramani (hereinafter referred to as 'Ramani') claim to have 50% share in the profts and loss of the frm.

(2.) The dispute between the partners arises out of the redevelopment of the said building and the three distinct petitions cumulatively challenge two orders passed by the sole Arbitrator in form of interim orders, pending the arbitration proceedings, which was made over to the Arbitrator by order dtd. 6/11/2020, while dealing with the counter petitions fled by the petitioners, i.e. the two Sharma brothers on one hand and Mr Ramani on the other, which was alleged to be a counterblast to the petitions fled under Sec. 9 of the Arbitration and Conciliation Act , 1996. By order dtd. 6/11/2020, this Court directed the Arbitral Tribunal to adjudicate the disputes between the petitioners on one hand and the respondent no.2, Ramani, on the other.

(3.) Pursuant to the said order appointing the arbitral Tribunal the Commercial Arbitration Petition fled by the Sharma brothers and that by the respondent no.2 were converted into application under Sec. 17 of the Arbitration and Conciliation Act , 1996 and the interim orders came to be passed in sequence, the frst being passed on 31/3/2021 by which the learned Arbitrator issued certain directions to the Sharmas and Ramani, which included a direction to disclose certain information on oath and extend their cooperation to the Chartered Accountant in drawing of accounts for a particular period. A restraint order was imposed, which restrained both parties from dealing with selling, transferring, alienating, disposing of, encumbering and/or creating third-party rights in respect of the assets of the frm and particularly in respect of certain fats including fat no.1301 in Hamrahi Building. A further direction restrained the respective wives of the Sharma brothers from using, occupying, carrying out any ftout work or selling, transferring, alienating, disposing of, encumbering or creating third-party rights in fat no.1301.