Section 9 Interim Protection for Partnership Assets & Original Records Pending Arbitration
Respondent No.2 is the controlling partner of the respondent no.1 firm and 95% shares. He is the brother-in-law of the petitioner.
On 14.12.2024, the respondent nos.3 to 5 – new partners were taken under the purported reconstituted partnership deed and wrongly showing that the petitioner has retired. Fabricated documents were prepared to falsely show retirement of the retirement.
On 7.3.2026, the petitioner gave section 21 notice and also gave another notice for dissolution of the partnership.
Thereafter, the respondent nos.1 to 5 filed three eviction suits.
In this background, the petitioner filed section 9 petition restraining respondent nos.1 to 5 from prosecuting the eviction suits, stay of the suits and injunction from transfer of partnership assets.
Pending the commencement and final disposal of the arbitral proceedings, respondent Nos.1 to 5, either by themselves or through their partners, servants, agents or any person claiming through or under them, are restrained from creating any third party rights, title or interest, or from selling, transferring, alienating, encumbering, or otherwise 42 dealing with the following partnership assets.
Respondent No.6 the Registrar of Firm shall preserve and shall not destroy, alter, replace or part with possession of the original Affidavit dated 18 February 2025, the original Indemnity Bond dated 18 February 2025 and all original records relating to the change in constitution of respondent No.1 firm based upon the said documents. Respondent No.6 shall produce the said original documents before the Arbitral Tribunal or before this Court, if so directed.
Respondent Nos.1 to 5 shall maintain complete accounts of the business of respondent No.1 firm in the ordinary course and shall preserve all books of account, statutory records and financial documents until further orders of the Arbitral Tribunal.
The respondents shall not induct any further partner in respondent No.1 firm or effect any further change in the constitution of the partnership on the basis of the petitioner’s alleged retirement, without prior leave of the Arbitral 43 Tribunal
Comprehensive Section 9 Relief to Protect Partnership Assets & Records
Bombay HC Protects Partnership Assets and Records in alleged fraudulent retirement dispute and grants comprehensive Section 9 Relief Pending Arbitration.
Bombay HC – Registrar of Firm Directed to Preserve Original Records of alleged Fraudulent Retirement of Partner, Pending Arbitration.
Judgment dated 14.7.2026 of the High Court of Bombay (OS) in Commercial Arbitration Petition (L) No.13434 of 2026 of Vinod Kumar Saraf VS. Villayati Ram Mittal and others
