- (1.) This appeal has been filed from the order dated 16th August, 2016. By the said order the application filed under Section 9 of the 1996 Act filed by the appellant was dismissed and the interim order passed was vacated. The application filed under Section 9 of the 1996 Act was filed in April, 2014 and since the interim order was passed it was continued. It is only by virtue of the order dated 16th August, 2016 that this interim measure and the order of injunction passed was vacated. Section 11 of the 1996 Act was filed on 24th March, 2016 and is pending.
(2.) The only reason for vacating the order of temporary injunction by the Court below is that in case the injunction is granted or continued commercial transaction will be seriously hampered and the project will be interrupted which will escalate the project cost. Another reason for having passing the order dated 16th August, 2016, as the court below relied on the balance of convenience and inconvenience and according to the Court below the appellant would be adequately compensated by an order of damage or loss and this can be measured by money. This reason cannot be sustained prima facie at the moment as the partnership firm was constituted by two persons namely the deceased husband of the appellant and Mr. Suvodeep Saha. An arbitration clause was incorporated in the partnership agreement, and all that the widow was seeking to do was to ensure the assets of the partnership firm without being frittered away and on being satisfied with the submission of the appellant the Court below passed the order of injunction. In vacating the order of temporary injunction the Court below allowed the surviving partner to take decisions unilaterally which will ensure to his benefit especially when the business of the partnership firm is to develop the real-estate and/or properties. This will be against the interest of the appellant.
(3.) Inspite of service of notice received by the respondent as will appear from the affidavit of service the order dated 16th August, 2016 be stayed as an interim measure for a period of six weeks. In the meantime as all documents before the court below has been annexed, except the written objection filed by the respondent, let the said written objection be also included in the paper book and the appeal be heard within a week from the filing of such paper book as mentioned above.;