KRISHNA SARMA Vs. RAMESH KUMAR JOSHI

JUDGEMENT

(1.) Heard both sides.

(2.) Since the parties being common and the issue involved being inter-related, both the Civil Miscellaneous Appeal and the Civil Revision Petition are being disposed of by this common judgment.

(3.) C.M.A. No.4381 of 2004 is directed against the order and decree, dt.9-11-2004. passed by the District Judge, East Godavari at Rajahmundry, allowing the application I.A. No.2316 of 2004 in O.S. No.77 of 2004, filed under Order XL Rule 1 of the Code of Civil Procedure seeking to appoint a receiver in respect of M/s. Venkata Naga Devi Picture Palace, a cinema theatre in Rajahmundry, while C.R.P. No.5995 of 2004 is directed against the order and decree, dt. 9-11 -2004, passed by the District Judge, East Godavari at Flajahmundry, dismissing the application I A No.2623 of 2004 in O.S.No.77 of 2004, filed under Section 8 of the Arbitration and Conciliation Act, 1996 (for brevity "the Act"), seeking to refer the dispute to an Arbitrator as per Clause 17 of the Partnership Deed of M/s. Venkata Naga Devi Picture Palace, Rajahmundry.