JUDGMENT :

N.V. Anjaria, J.

1. In terms of Sub-Section (3) of Section 9 of the Arbitration and Conciliation Act, 1996, whether the present application filed under Section 9(1)(ii) of the Act is required to be entertained when the Arbitral Tribunal is already continued by the parties and the applicant has taken recourse to remedy under Section 17 of the Act, so as to treat the said remedy under Section 17 of the Act to be not efficacious; whether in the facts of the case, such circumstances exist which may not render the remedy provided under Section 17 efficacious - is the moot question for consideration.

2. By means of the present Miscellaneous Civil Application, the applicant has sought to invoke Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act'), to seek interim measures till the conclusion of the Arbitration proceedings between the parties, which are pending.

2.1. It is prayed to direct respondent Nos. 1 and 2 to deposit Rs. 21.18 crores by way of security before this Court. In the alternative, it is prayed for opening of an escrow account under the supervision of the Court. The applicant has further prayed to direct respondent Nos. 1 and 2 to file affidavit disclosing their respective assets, Bank accounts with cash balances, income-tax returns, the details of the Bank locker, equity holding, mutual funds, fixed deposits and such other details, applicant wants the original documents in respect of those details. What is prayed is also to require respondent No. 1 to refrain from interfering with the affairs of the partnership firm till the disputes are finally decided by the Arbitral Tribunal. A prayer is also made to direct respondent No. 2 to refrain from acting directly or indirectly in collusion with respondent No. 1, applicant wants respondent No. 1 to return of all original documents pertaining to partnership firm. It is the prayer to direct respondent No. 1 to furnish all certified copies of the documents, agreements and transaction, deals and negotiations undertaken and executed by him on behalf of partnership firm between the period from 10th February, 2015 to 26th February, 2016.

2.2. It is to be stated at the outset that the present applicant had earlier filed an Application No. 119 of 2016 under Section 9 of the Act before the City Civil Court for similar relief. The applicant appears to have in the meantime, initiated other proceedings under Section 11(6) of the Arbitration Act before the Apex Court for appointment of Presiding Arbitrator, in which proceedings, the Supreme Court passed order dated 24th April, 2017 and held the present Arbitration to be an International Commercial Arbitration. In this view, the present Application is now filed before this Court under Section 9 of the Arbitration Act.

3. A Limited Liability Partnership was set up between the respondent Nos. 1 and 2 pursuant to agreement dated 10th February, 2015. The present applicant became a Partner of the Limited Liability Partnership (LLP) on 27th February, 2015 upon execution of the addenda agreement, applicant and the respondents, thus are the Partners of the Limited Liability Partnership. It was stated by the applicant that at the time of execution of the agreement, the valuation of the Firm was Rs. 05.00 lakhs only wherein amount of Rs. 02.25 lakhs was to be contributed by respondent No. 1 and the balance amount was to be contributed by respondent Nos. 2 and 3. It is the case of the applicant that he brought substantial amount in the partnership firm.

3.1. The applicant who introduces himself as a retired Army Officer and a non-resident Indian based in country of Oman, stated that when in the month of December, 2014 he had come to India upon being invited by his Business Associates, the applicant came in contact with respondent No. 1. It is the case of the applicant that respondent No. 1 painted a rosy picture of him as the owner of business empire and that he had large stake in the busines