Yasmin Khalique & Ors. vs Mukhtar Alam

The Court : In this application under Section 9 of the Arbitration and Conciliation Act, 1996 as amended by Act 3 of 2016, the petitioners have prayed

for an interim order of injunction restraining the sole respondent from interfering with the business of the petitioner no.3 firm. The petitioners have also

prayed for an order of injunction restraining the respondent from giving any effect or further effect to or acting in terms of the notice dated November

17, 2018 issued by him for dissolution of the petitioner no.3 firm.

In support of the application, Mr. Chatterjee, learned Senior Advocate appearing for the petitioners, submitted that by order dated November 26, 2018

passed in A.P. No. 621 of 2018, this Court has referred the disputes between the parties relating to the business of the petitioner no.3 firm to

arbitration. However, the learned Arbitrator is yet to enter upon reference and there is great exigency for an interim order as prayed for in this

application, so that on the basis of the said notice of dissolution dated November 17, 2018 the business of the petitioner no.3 firm is not stalled and the

respondent does not operate the bank account of the petitioner no.3.

However, Mr. Saha learned Senior Advocate appearing for the respondent raised objection to the maintainability of this application. He urged that

when the disputes between the parties relating to the deed of partnership dated April 1, 2006( which has been mistakenly recorded in the order dated

November 26, 2018 as the deed of partnership dated April 1, 2011) have already been referred to arbitration, the remedy of the petitioner, if any, lies

to approach the learned Arbitrator and seek for appropriate relief.

Considering the facts of the case, I find that the partnership between the petitioner nos.1 and 2 and the sole respondent for carrying on the business of

the petitioner no.3 firm is governed by the deed of partnership dated April 1, 2006. However, in the order dated November 26, 2018 the deed of

partnership dated April 1, 2006, is wrongly recorded as dated April 01, 2011. When all disputes between the parties relating to the deed of partnership

have already been referred to the learned sole Arbitrator, I find substance in the contention raised on behalf of the sole respondent with regard to the

maintainability of this application. Accordingly, this Court cannot entertain the application, A.P. No.811 of 2018. The petitioners will be free to

approach the learned Arbitrator to seek appropriate interim relief as prayed for in this application.

It is further clarified that this Court has not gone into merits of the relief claimed by the petitioner and the learned sole Arbitrator shall decide the

same.

With the above directions, A.P. No. 811 of 2018 stands disposed of, without any order as to costs.