SOUMEN SEN,RAVI KRISHAN KAPUR, J - (1.) The Court: The appeal and the application are taken up for hearing and disposed of by this order.
(2.) This appeal is directed against an order dated 13th September, 2018 by which the application for restoration of the application filed under Section 34 of the Arbitration and Conciliation Act , 1996 against a preliminary award passed by the then sole Arbitrator on 15th May, 2016 was restored. On 22nd November, 2017, the appellant filed an application under Section 34 of the Arbitration and Conciliation Act , 1996 for setting aside the preliminary award dated 15th May, 2016. By the preliminary award, the learned Arbitrator has held the claimant, the respondent in this appeal, is entitled to be inducted as a partner of the petitioner no.1 firm and directed the present petitioner to disclose and submit before the Tribunal, the complete audited accounts of the petitioner no.1 firm since July, 1994. The award also restrained the firm from releasing any benefits, profits and interest in favour of the appellant nos.2 and 3. All the appellants were restrained from transferring, alienating and/or encumbering the property of the appellant no.1 firm. On consideration of the materials on record and the submission of the learned Counsel appearing for the respective parties, the following interim order was passed: "Accordingly, the operation of the preliminary Award dated May 15, 2017 passed by the learned Arbitrator shall remain stayed, subject to the condition that during pendency of this application the petitioners shall submit before the learned Registrar, Original Side of this Court the list of present tenants of the property of the petitioner firm and the monthly accounts of the firm for the period commencing from the month of May, 2017 till the disposal of this application. The petitioners are restrained from transferring or alienating or encumbering the property of the petitioner no.1 firm in any manner whatsoever, till the disposal of this application. The monthly accounts of the petitioner no.1 for the period between May, 2017 and October, 2017 and the list of tenants of the petitioner no.1 shall be filed by the petitioners before the learned Registrar, Original Side of this Court by within December 20, 2017. The monthly accounts of the petitioner no.1 for the months commencing from November 2017 shall be filed with the learned Registrar, Original Side of this Court within the 15th day of each succeeding month. The petitioners shall keep the learned Advocate-on- Record of the respondent of the filing of the list of tenants of the petitioner no.1, as well as the monthly accounts of the latter, filed before the learned Registrar, Original Side."
(3.) The said application being AP No.685 of 2017 was, however, dismissed for default on 12th July, 2018 as none had appeared on behalf of the appellant and the interim order passed on 22nd November, 2017 was also vacated.;