- (1.) THIS first miscellaneous appeal is directed against an order being Order No. 2 dated 4th February, 2011 passed by the Learned District Judge, 4th Court at Alipore in Title Suit No. 304 of 2011 at the instance of the plaintiff/appellant. By the impugned order, the plaintiff's prayer for ad interim injunction in connection with the proceeding under Section 9 of the Arbitration and Conciliation Act, 1996 was rejected by the learned Trial Judge. Notice was directed to be served upon the defendants/respondents. The proceeding under Section 9 of the Arbitration and Conciliation Act is thus yet to be finally decided by the learned Trial Judge.
(2.) THE instant appeal was admitted for hearing by the other Division Bench of this Court on 22nd February, 2011. After admission of the appeal, on an application being CAN 1489 of 2011 filed by the plaintiff/appellant, an interim injunction was passed by this Court restraining the respondents from disturbing the appellant/petitioner from running the gas dealership in the name and style Mazumder Gas and Domestic Appliances of Shantiniketan Road, Post Office Bolpur, District -Birbhum during the pendency of the said application. The said injunction order is still continuing.
(3.) TWO applications for vacating interim order were also filed by the respondents. One of such applications was filed by the respondent no.1 viz., Hindustan Petroleum Corporation Limited and the other application was filed by the respondent nos. 3 and 4 who are the brother and sister of the appellant. Since all the parties are now before us and the parties have agreed to participate in the hearing of the appeal, we have heard the learned counsel appearing for the parties on the merit of the appeal. Let us now consider the merit of the appeal in the facts of the instant case. Mazumder Gas and Domestic Appliances was a partnership firm registered under the Indian Partnership Act, 1932. There were two partners in the said partnership firm. They were Narayan Kumar Mazumder since deceased and the appellant viz., Nikhil Mazumder. Narayan Kumar Mazumder was the father of Nikhil Mazumder. Narayanbabu had 51% share in the said partnership business. Nikhil Mazumder had 49% share in the said partnership business. Admittedly an agreement for dealership being "H.P. Gas" (Liquefied Petroleum Gas) Dealership (Domestic and Commercial) Agreement was entered into between Hindustan Petroleum Corporation Limited and the said partnership firm for carrying on the said dealership business within a specified zone at Bolpur. Narayan Kumar Mazumder died on 20th March, 2010 leaving a registered Will dated 10th September, 2004 bequeathing his interest in the said dealership business in favour of his son Nikhil Mazumder, the appellant herein. An application for grant of probate being Misc. Probate Case No. 115/2010 is pending for disposal before the learned District Judge, Birbhum at Suri. We are informed by the learned counsel appearing for the parties that propounder has already examined himself and his other witnesses. We are also informed that examination of objectors' witnesses is still going on.;