Calcutta High Court
Omkar Tradecomm Llp And Ors vs Mayank Agarwal And Ors on 30 January, 2023
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
OD-6
ORDER SHEET
AP/851/2022
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
OMKAR TRADECOMM LLP AND ORS
VS
MAYANK AGARWAL AND ORS
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 30th January, 2023
Appearance:
Mr. Pranit Bag, Adv.
Mr. Rahul Poddar, Adv.
Ms. Sahana Mukherjee, Adv.
...for the petitioner
The Court: Heard Counsel appearing on behalf of the petitioner.
Clause 37 of the LLP agreement dated March 19, 2021 indicates that the
subject matter of disputes is to be resolved by arbitration.
It appears that after the petitioners have been inducted into the
partnership, certain facts have come to light that have given rise to certain
disputes. Accordingly, I am of the view that for protection of the assets of the
partnership firm, orders are required to be passed in terms of prayer (b) of the
Notice of Motion.
Accordingly, let there be order in terms of prayer (b) of the Notice of
Motion.
2
Let this order be communicated immediately upon the respondents and
the proforma respondents.
The matter is made returnable two weeks hence. The respondents shall be at liberty to file vacating application, if so advised.
(SHEKHAR B. SARAF, J.) R.Bhar