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2006 Supreme(Kar) 789

V.GOPALA GOWDA, C.R.KUMARASWAMY
S. K. VIJAYAKUMAR – Appellant
Versus
S. K. RAVIKUMAR – Respondent


Advocates:
Sri S. Rajashekar,Sri Tharakaram,Sri A.L. Prem Kumar

JUDGMENT

These three miscellaneous first appeals and the civil revision petition are filed against the order dated 12-3-2001 passed by the District Court, Bangalore Rural District, in Arbitration Case No.1 of 2001. The District Court dismissed the petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') and the interlocutory applications. The applications are, LA. No. I filed under Section 9(ii)(d) of the Act read with Order 39, Rules 1 and 2 of the CPC for injunction, LA. No. II under Order 26, Rules 9 and 11 of the CPC for appointment of Commissioner, LA. No. III under Order 40, Rule 1of the CPC for appointment of receiver and LA. No. IV under Section 151 of the CPC to dismiss the petition as not maintainable.

2. The brief facts leading to these matters are the appellant in the appeals and petitioner in the revision petition entered into a partnership venture under the name and style of M/s. Srinivasa Enterprises along with respondents 1 to 6. The partnership firm was running Gopal Theatre situated in Doddaballapur, which is the schedule property in the petition. The appellant alleges that respondents 1 and 4 were whole t













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