Moreover, the petitioners have not quantified the amount of claim from the respondents in the claim petition. On the other hand, the petitioners have prayed for a declaration that they are the major share holders of the first respondent firm and to direct the deposit of 60% of profit made by the first respondent firm and to appoint a receiver to ascertain the amount. Hence unless the petitioners have been declared as major share holders of the first respondent firm and the total amount of claim is ascertained, no order can be passed with regard to the direction to the respondents to deposit a sum of Rs.5,96,74,929/- or to furnish security for the said amount and failing which for the order of the attachment of the properties mentioned in the schedule of the petition. Moreover, any interim relief must be in conformity with the main prayer in the claim petition. Under these circumstances the present petition filed by the petitioners under Sec.17 of the Arbitration and Conciliation Act, 1996 for the relief as prayed therein cannot be accepted at this stage of the proceedings and it has to be rejected. Accordingly, I decided the Issue No.2 against the Petitioners. In view of the above findings, the Petition filed by the Petitioners under Section 17 of the Arbitration and Conciliation Act, 1996 to direct the Respondents to deposit a sum of Rs.5,96,74,929/- along with interest at 18% per annum or to furnish security for the said sum of Rs.5,96,74,929/or failing which to order for the attachment of the properties mentioned in the schedule of the petition is hereby dismissed.
