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2024 Supreme(Cal) 986

SABYASACHI BHATTACHARYYA
Mukhtar Alam – Appellant
Versus
Yasmin Khalique – Respondent


Advocates Appeared:
For the Petitioner: Mr. Tarique Quasimuddin, Adv., Mr. Ishaan Saha, Adv., Mr. Zaniab Tahur, Adv.
For the Respondents: Mr. Sohail Haque, Adv., Mr. M.I.A. Lodhi, Adv.

JUDGMENT :

(Sabyasachi Bhattacharyya, J.) :

1. Both the present challenges arise out of consecutive orders passed by the learned Arbitrator in connection with the self-same arbitral proceedings between the parties.

2. The facts of the case in brief are that the respondents, as claimants, filed the arbitral proceedings claiming damages, declaration and injunction on the allegation that the respondent/present appellant acted in breach of the contractual and statutory terms of confidentiality and loyalty by carrying on a rival business in a clandestine manner to the detriment of the interest of the partnership firm, of which the appellant is a 50% partner whereas the claimants/respondent nos.1 and 2 are partners having 25% share each. The respondent no.3 is the partnership firm itself.

3. The respondent/present appellant filed a statement of defence with counter claim for an award of payment of his proportionate 50% share in the profits earned by the claimant/respondent no.3-firm by continuing to carry on business after dissolution of the firm on November 17, 2018.

4. The partnership firm, it may be mentioned here, does business in Tobacco Gul under the name and style of ‘Musa Ka Gul’.

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