IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 3^RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 OP(C) NO. 1171 OF 2021 AGAINST THE ORDER/JUDGMENT IN CMA(Arb) 321/2021 OF PRINCIPAL SUB COURT,ERNAKULAM, ERNAKULAM PETITIONER/S:

1 ANOOP UNNIKRISHNAN, AGED 49 YEARS THE PARTNER, M/S. MCEES TRADING, DOOR NO.34/767 A, GESIMA, KRRA-78, KANNANTHODATH ROAD, EDAPALLY, KOCHI-682 024.

2 M/S. INNOVUS ENERGIEZ, 1ST FLOOR, BUILDING NO.34/3948, VAIKUMDAM, PALARIVATTOM, MAMANGALAM, ERNAKULAM-682 025, REPRESENTED BY PARTNER ANOOP UNNIKRISHNAN.

3 ANUPAMA BALARAM, THE PARTNER, M/S. INNOVUS ENERGIES, W/O.SUNIL KUMAR.T.K., NO.12A, NATIONAL RESIDENCY COMPLEX, PALARIVATTOM-EDAPPALLY ROAD, BANK JUNCTION, MAMANGALAM, EDAPALLY, KOCHI-682 024.

4 RAJESH S.NAIR, THE PARTNER, M/S. INNOVUS ENERGIEZ, KANINAD, NEAR KARIMUGAL, KARIMUGHAL PUTHENCRUZ ROAD, ERNAKULAM-

682 310. BY ADVS.

VIZZY GEORGE KOKKAT C.HARIKUMAR RENJITH RAJAPPAN RESPONDENT/S:

1 JOHNSON STEPHEN, AGED 50 YEARS S/O.LATE P.A.STEPHEN, THE THEN PARTNER, M/S. MCEES TRADING, DOOR NO.34/767 A, GESIMA, KRRA-78, KANNANTHODATH ROAD, EDPALLY, KOCHI-682 024, PRESENTLY RESIDING AT PALLICKA HOUSE, KOTTAMAM, KALABATTUPURAM ROAD, KALADY, ERNAKULAM DISTRICT-683

574.

2 SUNIL KUMAR.T.K., THE PARTNER, M/S. MCEES TRADING, DOOR NO.34/767 A, GESIMA, KRRA-78, KANNANTHODATH ROAD, EDAPALLY, KOCHI-682 024.

3 KOHLER POWER INDIA PRIVATE LIMITED,, 7TH FLOOR, PENTAGON P5, MAGARPATTA CITY, HADAPSAR, PUNE, MAHARASHTRA-411 013, REPRESENTED BY MANAGING DIRECTOR.

4 KOHLER POWER INDIA PRIVATE LIMITED, REGIONAL OFFICE (SOUTH), 138/6, A CROSS, RMV EXTENSION, SADASHIVNAGAR, BENGALURU-560 080, REPRESENTED BY DIRECTOR, MANISH SHARAD PURANIK.

5 ATLAS COPCO (INDIA) LIMITED, HAVING ITS REGISTERED OFFICE AT SVEANAGAR, DAPODI, PUNE, MAHARASHTRA-411 012, REPRESENTED BY MANAGING DIRECTOR.

6 FUJITEC INDIA PRIVATE LIMITED, DOOR NO.66/343, 3RD FLOOR, DARUSSALAM BUILDING, CHITTOOR ROAD, NEAR YMCA, ERNAKULAM-682 035, REPRESENTED BY MANAGING DIRECTOR.

7 THERMAX (INDIA) PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT D-13, MIDC, INDUSTRIAL AREA, RD AGA ROAD, CHINCHWAD, PUNE, MAHARASHTRA-411 019, REPRESENTED BY MANAGING DIRECTOR.

8 THE FEDERAL BANK LIMITED, ERNAKULAM BYE PASS BRANCH, HIGHWAY HEIGHTS, N.H.BYPASS PUTHIYA ROAD, ERNAKULAM-682 032.

R1 BY ADV JOHN MATHEW (THEREZHATH)

OTHER PRESENT:

SC ADV.PAULOCHAN ANTONY FOR R8 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

29.7.2021, THE COURT ON 03.08.2021 DELIVERED THE FOLLOWING:

V.G.ARUN, J.

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O.P(C).No. 1171 of 2021 -----------------------------------------------

Dated this the 3^rd day of August, 2021

JUDGMENT

The petitioners are aggrieved by Exhibit P5 order by which the court below injuncted the 8^th respondent Bank from transferring or disbursing any amounts lying in the accounts of petitioners 1 and 2 and directed to maintain status quo with respect to the accounts until further orders. The essential facts are as under;

The 1^st petitioner and respondents 1 and 2 were partners of a firm by name ‘MCEES Trading’. The firm was doing the business of trading and servicing of generators and other allied products. There arose some dispute among the partners and the 1st respondent issued notice dissolving the partnership and thereafter filed CMA. (Arb).No.766 of 2020 before the Principal Sub Court, Ernakulam seeking interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act’). The CMA (Arb) was dismissed by the Sub Court and the 1^st respondent preferred Arbitration Appeal No.54 of 2021 before the High Court. In the appeal this Court passed an interim order directing parties to maintain status quo with respect to the accounts maintained by the firm. The interim order was later modified permitting the respective Banks to receive the inward remittances and credits from M/s.MCEES Trading by maintaining the status quo order issued. Later, by judgment dated 5.3.2021, the Arbitration Appeal was allowed and an