OMKAR TRADECOMM LLP Vs. MAYANK AGARWAL

JUDGEMENT

(1.) Omkar Tradecomm LLP being the petitioner no. 1 is a Limited Liability Partnership Firm having its registered office at 34, Chittaranjan Avenue, Kolkata, West Bengal-700 012. The petitioner nos. 2, 3, 4 and 5, the respondent no. 3 and the proforma respondent are purportedly the partners of Omkar Tradecomm LLP, the petitioner no. 1 herein. The respondent nos. 4 and 5 are founding partners who have retired from the partnership of the petitioner no. 1.

(2.) By way of an ex-parte order dated January 30, 2023, this Court in an application under Sec. 9 of the Arbitration and Conciliation Act, 1996 had granted relief in terms of prayer (b) of the Notice of Motion directing the respondent nos. 1, 2 and 3 to maintain status quo in respect of the assets of Omkar Tradecomm LLP as well as the composition of the partners in view of the provisions contained in the LLP agreement dated March 19, 2021 read in conjunction with the first and second LLP agreements thereto.

(3.) Aggrieved by the impugned order, the applicants that is respondent nos. 1 and 2 have approached this Court with an interlocutory application being G.A. No. 1 of 2023 containing the following prayers: -