*1* arbp.1086.10.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION No.1086 OF 2010 Salim Ali Shaikh. ..Petitioner V/S Abdul Aziz Mohammed Kasam Shaikh and another. ..Respondents .......... Mr.Kapil P. Shethye and Ms.Rani A. Patil, for the Petitioner. Mr.M.M.Vaidya and Mr.Pradip R. Kadam, for the Respondent No.1. Mr.A.A.Siddiquie a/w Mr.Sayani i/b M/s A.A.Siddiquie and Associates, for the Respondent No.2. .......... CORAM : S.J. VAZIFDAR, J. DATE : 08th September, 2010. P.C. 1 This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. 2 Ad-interim order dated 24.08.2010 was passed granting the Petitioner a limited protection in respect of the assets of the partnership firm. The said order must continue pending the making of an award and if the same is in favour of the Petitioner, till the enforcement thereof. 3 The partners of the partnership firm has entered into an agreement with the Respondent No.2 in respect of the property mentioned in Exhibit-D. In this petition, no relief can be granted against the Respondent No.2. The reliefs are sought on the basis that the Respondent No.2 has not complied with the obligation under the agreement with the partnership firm. In respect thereof the appropriate orders may be sought and it would be, therefore, necessary for the parties to adopt necessary proceedings against the Respondent No.2 in that regard. All that can be *2* arbp.1086.10.sxw done in this petition is to restrain the partners from dealing further in respect of the said property in respect whereof the rights have been allegedly created in favour of the Respondent No.2. 4 In the circumstances, the petition is disposed of by the following order:- (i) Pending the award and if the same is in favour of the Petitioner, till the enforcement thereof, the Respondent No.1 and the Petitioner are restrained from disposing of, alienating, encumbering, parting with possession and/or creating any third party rights, interest and title in respect of any of the assets of the partnership firm including movable and immovable, without the leave of the Court or the Arbitrator as the case may be. (ii) It is clarified that this order restrains the Petitioner and the Respondent No.1 from taking any further step or steps in furtherance of any act in respect of the assets of the partnership firm. (iii) Liberty to the parties to apply to the Arbitrator for further interim reliefs including for the purpose of protecting the alleged rights of the partnership firm against the Respondent No.2 under Section 17 of the Arbitration and Conciliation Act, 1996. (iv) This order shall cease to operate in the event of the Petitioner not filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 on or before 15th October, 2010. -