TOP MOST DEALERS PRIVATE LIMITED Vs. HANDLOOM BHANDAR

JUDGEMENT

(1.) At the outset, learned Counsel appearing for the petitioner undertakes to initiate proceedings for referring the dispute between the parties, from which the present application arises, to arbitration within a fortnight from date in terms of paragraph 53 of AP 241 of 2021.

(2.) From the pleadings and the annexures to the application under Sec. 9 of the Arbitration and Conciliation Act, 1996, the petitioner has made out a strong prima facie case regarding grant of injunction and having a right as per the agreement between the parties dtd. January 28, 2021 to be included as a partner of the respondent firm. In view of the serious allegations made in the application under Sec. 9 of the 1996 Act as regards the blatant refusal of the respondent to include the respondent as a partner in the partnership firm, which would be the precondition, as per the agreement referred to above, for performance of the rest of the agreement on the part of the petitioner, the balance of convenience and inconvenience is in favour of grant of injunction. That apart, sufficient urgency has been made out in the application for grant of injunction in terms of prayer (a) for the present.

(3.) Accordingly, leave is granted under Clause 12 of the Letters Patent to the petitioner.