Imjam Haque Vs Bikash Bhandari — Calcutta HC (2026) — LawSathi Research

Imjam Haque Vs Bikash Bhandari — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appointment of Mr. Gaurab Jana, Advocate as Receiver to make an inventory of the assets of the partnership firm and take symbolic possession, expressly without disturbing the possession or running of the firm; the Receiver to report before the Court where the Section 9 proceedings are pending; remuneration of Rs.20,000/- payable by the appellant at the first instance, with the appellant at liberty to realise such expenses in the arbitration proceedings if so entitled; the order declared an interim measure with all points kept open; AO-COM 29 of 2026 and IA No.: CAN 1 of 2026 disposed of.

Issue for consideration

Whether a Receiver should be appointed under Section 9 of the Arbitration & Conciliation Act, 1996 for the protection and preservation of the assets of the partnership firm pending arbitration, the appeal having been directed against the learned Judge's refusal to appoint one.

Court's answer

The assets of the partnership firm require protection; there is already an allegation of theft as against the appellant, and the remaining assets of the firm available at present need to be inventoried and protected.

Ratio / Principle

It would be appropriate to appoint Mr. Gaurab Jana, Advocate as the Receiver for the purpose of making an inventory of the assets of the partnership firm and taking symbolic possession thereof.

Key takeaways

The Receiver, so appointed, will not disturb the possession or the running of the partnership firm in any manner whatsoever.ratio¶14
The Receiver, so appointed, will submit a report before the Court in which the proceedings under Section 9 of the Act of 1996 are pending.ratio¶15
The order is an interim measure; the observations will not prejudice any of the parties and are limited to the consideration of the grant of relief prayed for by the appellant.obiter

Detailed headnote1 paragraphs

Calcutta High Court, Commercial Appellate Division (Debangsu Basak and Md. Shabbar Rashidi, JJ.), 01.07.2026 - AO-COM 29 of 2026 with CAN 1 of 2026, Imjam Haque v. Bikash Bhandari & Ors. Appeal against the order dated May 19, 2026 of the learned Commercial Court at Rajarhat in Misc. Arb (Com) 34 of 2026 refusing to appoint a Receiver under Section 9 of the Arbitration & Conciliation Act, 1996 in a partnership dispute concerning a nursing-home business, a Section 11 petition for appointment of an arbitrator being pending. Holding that the assets of the firm - against the appellant in respect of which a theft allegation already stood - required protection, the Court appointed Mr. Gaurab Jana, Advocate as Receiver solely to inventory the remaining assets and take symbolic possession, expressly without disturbing possession or the running of the firm; the Receiver to report to the Court where the Section 9 proceedings are pending; remuneration fixed at Rs.20,000/- payable initially by the appellant, realisable in the arbitration if entitled. The order was declared an interim measure, non-prejudicial to any party, with all points kept open. Appeal and application disposed of.