MAHENDRA N THAKKAR Vs. JAYESH M GANDHI

JUDGEMENT

(1.) This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an order restraining the Respondents from in any manner restraining the petitioner from acting as the Partner in a firm of Chartered Accountants M/s.N.M. Raiji & Co., including occupying his office cabin, attending the day to day work of the partnership firm, attending clients on behalf of the firm and signing their audited accounts and signing cheques as per the order dated 16th December, 2004 and Consent Terms dated 8th September, 2005. The petitioner has also sought an order restraining the respondents from publishing or advertising the purported retirement of the petitioner from the said firm. Lastly the petitioner has sought an order directing the respondents to withdraw the public notice published by them.

(2.) The Petitioner, Respondents and certain others carry on the profession of Chartered Accountants in partnership as per the terms and conditions contained in a Deed of Partnership dated 24th April, 2000. The Clauses in the Partnership Deed relevant for the present petition are as under:-

(3.) The petitioner states that he has already sought to invoke the arbitration, although an application under Section 11 of the Arbitration & Conciliation Act has yet not been filed.