SABYASACHI BHATTACHARYYA,J. - (1.) The present challenge has been preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the 1996 Act') against Order No. 12 dated December 14, 2020 passed by the District Judge, Darjeeling under Section 9 of the 1996 Act.
(2.) The application under Section 9 was filed by the present respondent No. 1, a Limited Liability Partnership (LLP) and respondent no. 2. The present appellant was arrayed as the respondent therein. The reliefs sought therein were as follows:
(3.) ' Interim Orders of Injunction restraining the Respondent its men an agents: a. From disturbing the Petitioners and its men and agents in the smooth conduct of the day to day functioning and managing the management of the Petitioner Limited Liability Partnership business till the disposal of the Arbitration proceedings, b. From entering into the Tea Garden premises being run and managed by the Petitioner Limited Liability Partnership business, its Land, Building, factory premises, officers of the Petitioner LLP, all other moveable assets and properties of the Petitioner LLP till the disposal of the Arbitration proceedings, c. From representing the Petitioner LLP as a Partner in any manner whatsoever till the disposal of the Arbitration proceedings, d. From creating third party interest and/or causing encumbrance to assets, properties and business of the petitioner LLP. e. Such other interim measure of protection as may appear to the Learned Court to be just and convenient, f. Any other relief or reliefs to which the Petitioners may be found entitled to under the law. g. Ad interim orders in respect of prayers (a) to (d)' ;