EDWARD ROCK PAUL Vs. ANTHONY ROCK PAUL

JUDGEMENT

(1.) The captioned proceedings entail Arbitration Petition No. 165 of 2023 ("Sec. 11 Petition"), which is an application under Sec. 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), and two competing Interim Applications seeking reliefs in the form of permitting the respective applicants to be substituted or, as the case may be, transposed in place of the original Petitioner.

(2.) Mr. Edward Rock Paul ("Edward") was the original petitioner in the Sec. 11 Petition. Edward had filed Special Civil Suit No. 837 of 2012 ("Suit") before the Small Causes Court and Joint Civil Judge in Pune seeking various reliefs in relation to his claimed share in the development of certain property situated in Pune ("Subject Land") in terms of a Joint Venture Agreement dated June 15, 2004, executed among Respondent No. 1, Anthony Rock Paul, who is Edward's brother ("Anthony"), Respondent No. 2, originally Cecilia Anthony Paul (now represented by legal heirs, collectively, "Cecilia") and Respondent No. 3, Just Homes (India) Pvt. Ltd. ("Just Homes").

(3.) Respondent No. 4, M/s. Rock Enterprises, is a partnership firm ("Rock Enterprises") in which the partners are Anthony, with a 30% share; Mary Rock Paul, the mother of Edward and Anthony ("Mary", with a 30% share); Irene John Paul ("Irene" with a 20% share) and Edward's wife, Ms. Annmarie Edward Paul ("Annmarie" with a 20% share). Rock Enterprises was constituted pursuant to a partnership deed dated August 1, 1992 ("Partnership Deed").