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2016 Supreme(AP) 508

SANJAY KUMAR, ANIS
Syed Irfan Sulaiman – Appellant
Versus
New Amma Hospitals, Represented by its authorized signatory and Managing Partner, Mohd. Faiaz Khan – Respondent


Advocates Appeared:
For the Appellant:G. Kalyan Chakravarthy, Advocate.
For the Respondent:S.R. Sanjeev Kumar, Advocate.

JUDGMENT :

Sanjay Kumar, J.

1. O.S.No.1142 of 2015 on the file of the learned II Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, was filed by M/s. New Amma Hospitals, a partnership firm, for a perpetual injunction restraining Syed Irfan Sulaiman, the defendant, from entering into the suit schedule property and to restrain him from interfering with the day to day affairs and management of the hospital. The suit schedule property is a building comprising ground plus four upper floors situated at Plot No.6, Survey No.59 part, Hastinapuram Central, Shirdi Sai Nagar, Karmanghat Village, Saroornagar Mandal, Ranga Reddy District, wherein the hospital is housed and operating.

2. Syed Irfan Sulaiman, the defendant in the suit, filed I.A.No.796 of 2015 therein under Section 8 of the Arbitration and Conciliation Act, 1996 (for brevity, ‘the Act of 1996’) seeking reference of the dispute to arbitration in terms of the arbitration clause contained in the partnership deed. He also filed I.A.No.797 of 2015 in the suit under Order 7 Rule 11 CPC seeking rejection of the plaint. By separate orders dated 07.12.2015, the trial Court dismissed both I.As. Aggrieved thereby, he is before t





















































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