1 CAR18.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 18 OF 2007 IN ARBITRATION APPEAL NO. 27 OF 2007 IN ARBITRATION MISC. APPLICATION NO. 212 OF 2006 Shri Dnyanoba Pralhad Bidwai ... Applicant/ Claimant Vs 1. Shri Vilas Gangadhar Bidwai & Ors. ... Respondents Ms. Asha Bhambwani for the Applicant. Mr. G.S. Godbole i/b S.S. Kanetkar for the Respondent Nos.1 to 10. CORAM : S.J. VAZIFDAR, J. DATED : 19TH NOVEMBER , 2010. P.C. : 1. Although the Appeal against the order rejecting the petition under section 34 of the Arbitration & Conciliation Act, 1996, has been admitted, I am not inclined to grant an injunction in the terms in which it is sought. An injunction is sought, inter-alia, in respect of two immovable properties on the contention that they are part of the 2 CAR18.07 partnership assets. In respect of one of the properties, no interim reliefs had been sought for about ten years. In respect of the other property, an injunction was granted by a trial court in an application under section 9. That order was, however, stayed by an order dated 25th January, 2002 in Civil Application No.314 of 2002 in First Appeal No.87 of 2002. The order was not challenged by the Appellant. In view thereof, it is difficult to grant an injunction in respect of the said two properties. 2. The learned arbitrator has, however, come to the conclusion that the notice of dissolution issued by the Appellant is valid. The arbitrator, however, has rejected the contention that the said two properties form a part of the partnership assets. In view of the appeal having been admitted, the Appellant is entitled to an injunction protecting the assets of the partnership firm. 3. In the circumstances, the Civil Application is disposed of by the following order :- 3 CAR18.07 Any dealing with of the assets of the firm will be subject to the final orders in this appeal. In the event of it being held at the final hearing that the said two immovable properties also form a part of the assets of the firm any action taken in respect thereof by the Respondent shall also be subject to final orders. 4. The Civil Application, accordingly, stands disposed of.