The High Court · 2025

...AppellanURespondent No.1 M/s. Vision Resorts, a Registered partnership Firm, Having its office at H No.3-6/9, Narsingi Heights, Gandipet Mandat, R.R.District _500 OeS, iep OJ its Managing Partner. 2 3 4 5 6 7 cha,ra Jyorhi, wo cha,a Dhg1ma *"oor, o;i?'#:::B:,1',?",',11'""*:: Resident of H.No.2-5-357, Nakkatagutia, beside'OCC eanf< fimiieJ, Hanamakonda, Hanamakonda District _ 506 001. Tolkanti Santhosh Goud, S/o. prakash Goud, Age: 26 years, Occ: Business, R/o. H.No.8-13-8/7, Ganesh Nagar, Near Vegetabll Marfet, KateOan, Rajendranagar, Ranga Reddy District, Telanganr-SOO OZZ. Thalla Srinivas Goud, S/o. Narayana Goud, Age: 63 years, Occ: Business, R/o.H.No.8-5-'13218, Durga Nagar, Near Katedin Main Road, Mailardevpalli, Rajendranagar Mandal, Ranga Reddy District, Telangana _ SOOOTl. Malgari Venkat Reddy, S/o. Malla Reddy, Age: 4-5 years, Occ: Business, Rl/o H No 4-17-1.9, Hamagirinaga ploly, cariOnamguOa Vilrage, CanJiplt, Ranga Reddy District, Telangana - 500 086. K.Rana Pratap, S/o. Late Narayana Goud, Age: 41 years, Occ: Business, No.H.No.2-58151212, Near Temp-ie, Nanakramguda Viltage, Serilingampally Mandat, R.R.District, Telangana _ 500 084. Goundla Srinivasa Goud, S/o.pedda Simmaiah, Age: 45 years, Occ: Business, H.No.1-75, lbrahimbagh, Damaragidda, R.R."Oistrict, tetangana-_ 501 503. -Haluman

8. Lankala Sanjeev Reddy, S/o. yadi Reddy, Age: 47 ),ears, Occ: Business, R/o.H No.3-79 Bhagat Singh Colony, Kismatpur, Rajen,lranagar, Donbosco Nagar, R. R.District, Telangana - 500 030 9. Lekkala Jeevan Sivakrishna, S/o. Lekkala purushotham Naidu, Age: 33 years, Occ: Business,

10. Lekkala Gopi Sivakrishna, S/o. Lekkala purushotham \iaidu, Age: 3.1 years, Occ: Business Respondents No.g and 10 are residents of plot Nr> j275 to 27O,Narsingi Heights, Rajendranagar, R.R.District, Telangana - 500 C79. '1 1.Samreddy Manasa Reddy, D/o. Cha a Dharma Reddy. Age 35 years, Occ: Business, R/o. Plot No.181, Road No.3, FC Colony,- phase_ll, Vanasthalipuram, Hayathnagar, Hyderabad, Telangana - 5OO 072.

12. Challa Jahnavi Reddy, D/o. Challa Dharma Reddy, A.ge: 24 years, Occ: Business, R/o.H.No.2-5-357, Nakkalagutta, BesiJe DiC Bank, Hanamakonda, Hanamakonda District, Telangana - 506 C0.l ( R-2 to 12 are Profarma parties ) ...Respondent Nos.2 to 12lRespondent Nos. 2_12 lA NO: 1 OF 2025 Petition under Order 41, Rule 27 r/w Section 151 CF,C; praying that in the circumstances stated in the affidavit filed rn support of the p:tition, th; High court may be pleased to receive the documents filed along n,ith the peiition as additional evidence in the above coMcA No.20 of zo2s a1'.l mark the same as Ex.B-9 to B11 on behalf of the petition er/applicant. Counsel for the Appellant: Mr. Hari Sreedhar Counsel for the Respondent No..t: Mr. A. Venkatesh, Senicr Counsel representing Mr. Mamidi Avinash Reddy The Court delivered the following: JUDGMENT THE HON'BLE JUSTICE MOUSHUMI BHATTAC}I,ARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR COMCA No.2O OF 2025 lvlr. Hari Srecdhar, lcarncd counscl [or Lhc appcllant Mr. A.Venkaresh, Iearne.l Senior Counsel represcnling Mr.Mamidi Avinash Reddy, Ieamcd counsel for the respondent No. I. JUDGMENT: (Pcr Honblc Justicc lr'loushumi Bhattacharya)

1. The Appeal arises out of an order dated 2a.O1.2O25 passed by the Special Judge for Trial and Disposal of Commercial Disputes, Ranga Reddy District at L.B. Nageu ('Commercial Court') in COP No.45 of 2024.

2. Learned Senior Counsel appearing for the respondent No. I submits that the Appeal has bccome academic in view of the partnership firm being at the stage of dissolution. The respondent No. 1 / Firm was the petitioner before the Commercial Court in an application under Section 9 of Thc Arbitration and Conciliation Act, 1996 (for short, 'the Act). The appellant was one of the Managing Partners in the partnership firm and suffered the impugned ltnal order dated 28.O1.2025, which restrained the appellant from seliing, transferring, alienating, chalging nature of property or creating any \ \ .-+l 2 third party right in respect of the petition schedulr: properties till - disposal of the arbitral proceedings. Learned cotrnscl appearing for the appellant srr )lnits that there

3. are several issues which are required to be decide'l' including the maintainability ol the application hled under Section () of the Act by the partnershiP firm.

4. We are infcrrmed that the appellant / partncrsh i o firm has taken steps for the appointment of an Arbitrator in 'AOP No' 144 of 2025' whichispresr:ntlybeforetheDivisionBench-I.Cottlsclsubmitsthat the appellant is objecting to the said petition'

5. Upon query of lhe Court, it has becn c rrrifie(l that the appellant (the respondent No.1 in the section 9 petrtion) has made a specificstatementinthecountertothesectiot-t9['etitiorlthatthe partnership hrm was dissolved pursuant to a Not r:e issued by the appellant under section 43 of The Indian Partncrsl'iip Act, 1932 It is also noted that the respondent No. 1 in the COMCI'rI (the partnership firm and the petitioner in section 9 Petition) has h cd a:.r application for appointment of an Arbitrator under section I I o: The Arbitration andConciliationAct,lgg6,whichisnowpendinglrtlorethel)ivision Bench-1. II 3

6. Considering the submissions made on behalf of the parties, this Court deems it appropriate to dispose of the Appeal based on the statement made by the appcllant u,ith regard to thc dissolution of the partnership firm, leaving all issues concerning the a-lienation of assets of the partnership firm open for decision by the Arbitrator, if thc respondent No. 1 succeeds in thc pending section 11 application before the Division Bench-1.

7. The impugned order datcd 28.01.2025 shall hcnce remain in effect until the appointment of an Arbitrator if and when the application under section 11 succecds

8. COMCA No.20 of 2025 is disposed of in terms of the above. Al1 connected applications are disposed of. There shall be no order as to costs. To, 1

2. 3. 4. Kam/P Sd/. A.V.S.S.C.S.M. SARMA JOINT REGISTRAR G SECTION OFFICER //TRUE COPY// The Special Judge for Trial and Disposal of Commercial Disputes, Ranga Reddy District at L.B.Nagar. One CC to Mr. Hari Sreedhar Advocate [OPUC] One CC to Mr. Mamidi Avinash Reddy, Advocate [OPUC] Two CD Copies R rfu|,.V HIGH COURT DATED:2411112025 JUDGMENT COMCA.No.20 of 2025 I ni: o o 0i0[ * >,^?i:,,- DISPOSING THE COMCA b I \.V\ ?\