GULMALI AMRULLAH BABUL Vs. SHABBIR SALEBHAI MAHIMWALA

JUDGEMENT

(1.) By Arbitration Petition No.410 of 2015 filed under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"), the petitioners (original respondents) have impugned the order dated 11th October 2014 passed by the learned arbitrator under Section 17 of the Arbitration Act passed in favour of the respondent to the said arbitration petition. ByArbitration Petition (L) No.1435 of 2015 filed under Section 9 of the Arbitration Act, the petitioner/original claimant has prayed for an order and direction against the respondents to the said arbitration petition to forthwith hand over possession and management of the 'King of Iran Restaurant' as per and in implementation/compliance of the orders dated 10th March 2015 and 23rd March 2015 passed by the learned arbitrator under Section 17 of the Arbitration Act in favour of the petitioner to the said arbitration petition and for various other reliefs. By consent of the parties, both the arbitration petitions were heard together and are being disposed of by a common order.

(2.) The petitioners in Arbitration Petition No.410 of 2015 were the original respondents in the arbitral proceedings whereas the respondent to the said arbitration petition was the original claimant. For the sake of convenience, the parties are described in this order as they were described in the arbitral proceedings as "the claimant and the respondents," as the case may be. Some of the relevant facts for the purpose of deciding these petitions are as under :

(3.) On 20th May 2001, a Partnership Deed was entered into between the respondents and one Sarguroh family in the name and style of M/s.King of Iran (for short "the firm") which held and conducted the restaurant business in the premises namely Shop Nos. 9 to 14, Yusuf Chambers, Byculla (E), Mumbai (for short "the said suit premises"). It was, however, the case of the respondents that the said suit premises did not belong to the firm.