BISWANATH SOMADDER,J. - (1.) This appeal arises out of an order passed by the learned District Judge, South 24 Parganas, at Alipore, on 22nd June, 2016. It appears that a Misc. Case No.388 of 2015 was filed by the respondent herein, which contains, inter alia, the following principal prayers:- "a). Your Honour may be pleased to refer the dispute between the plaintiff and the defendant in respect of the partnership business as per agreement of partnership before the joint Arbitrators, and if necessary the Arbitrators may be directed to appointed an Umpire to solve the dispute. b). The plaintiff also prayed for an order of appointment of Receiver to look after, preservation and running of the business till final decision (sic, decision) of the Arbitrators and Umpire".
(2.) During pendency of the said Misc. Case No. 388 of 2015, another application was filed by the respondent for appointment of an interim Receiver, wherein the following prayer was made:- "It is therefore prayed that your Honor may be pleased to pass an interim order by appoint a Receiver for the purpose of protection, preserve maintain and supervision of the business under the name and style of M/S. Eskay Enterprise having its place of Business at 96A, Shyama Prosad Mukherjee Road, Kolkata-700026 detailed below in the schedule on the ground stated above, or to pass such other order or orders as your Honor may deem fit and proper".
(3.) The learned court below while passing the impugned order appears to have allowed the prayer for appointment of an interim Receiver in order to protect the interest of a partner (in the instant case, the respondent herein).;