MALABIKA MONDAL Vs. ANIL KUMAR DAS

JUDGEMENT

(1.) On an application under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the plaintiff/respondent ad interim order was passed by the Learned District Judge on 19th December, 2013 whereby the defendant/appellant was restrained from dealing with the partnership firm created by the partnership deed dated 17th March, 2003 by inducting any new partner and transferring or encumbering the assets of partnership firm to any third party beyond the terms and conditions of the deed of partnership till 22nd January, 2014. Subsequently, the said ad interim order of injunction was extended from time to time and ultimately the said application Section 9 of the Arbitration and Conciliation Act, 1996 which was registered as Title Suit No. 1 of 2014, was disposed of by the Learned Transferee Court viz. the Court of the Additional District Judge, 5th Court at Alipore on 28th July, 2014 by directing the parties to maintain status quo with regard to dealing with the said partnership firm "Sabuj Sathi". The defendant/appellant was also restrained from inducting any new partner and transferring or encumbering the assets of partnership firm to any third party beyond the terms and conditions of the said deed of partnership.

(2.) Since the said proceeding was decided without giving reasonable opportunity of hearing to the defendant/appellant, the defendant/appellant felt aggrieved. The instant appeal was thus, filed by the defendant/appellant.

(3.) After hearing the learned counsel appearing for the parties, we admit the appeal for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure. In course of hearing of the stay application filed by the defendant/appellant, we are invited by the learned counsel appearing for the parties to dispose of the appeal itself on merit by dispensing with the requirement of filing Paper Books.