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2004 Supreme(SC) 35

ASHOK BHAN, R.C.LAHOTI
Firm Ashok Traders – Appellant
Versus
Gurumukh Das Saluja Etc. – Respondent


Judgement Key Points

Yes, in this case it was held that interim relief is in aid of final relief. The court clarified that the purpose of interim measures, such as those granted under Section 9 of the Arbitration and Conciliation Act, is to provide protection and preserve the rights of the parties pending the final resolution of the dispute. The court emphasized that interim relief is meant to support and facilitate the ultimate relief sought in the substantive proceedings, rather than serve as a substitute for the final determination.


ORDER

Leave granted in both the SLPs.

2. The dispute is among 12 persons who are, or are alleged to be, or claim to be partners in the firm M/s Ashok Traders, the respondent No. 1. These 12 private parties to the litigation can be grouped into three, for the sake of convenience. Gurumukh Das Saluja, Sanjay Chawla and Ajay Arora shall be collectively referred to as Group "A". Bhagwati Prasad Kulhara, Badri Prasad Jaiswal and Harprasad Jaiswal shall be referred to as Group "B". Rajesh Jaiswal, Ram Sewak Sharma, Baljeet Singh Bhatia, Rajendra Prasad Jaiswal, Anil Kumar Shrivastava and Sushil Kumar Shrivastava shall be referred to as Group "C".

3. M/s. Ashok Traders are in liquor trade. In the Deed of Partnership entered into on 27.2.2002 there were 7 partners including Bhagwati Prasad Kulhara and 6 others. The partnership firm was registered with Registrar of Firms. Six partners (i.e. other than Bhagwati Prasad Kulhara) retired from the partnership and a new partnership came to be constituted on 5.3.2002 evidenced by a Deed of the even date wherein all the persons belonging to Groups A, B and C are partners. However, the names of the new partners were not communicated to the Registrar of


























































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