Delhi High Court - Orders
Of Interim Measures Till The Pendency Of ... vs M/S Likes & Ors on 2 March, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 19/2021 & I.A. 970/2021 (for seeking issuance
of interim measures till the pendency of the accompanying petition)
SAURABH CHADHA ..... Petitioner
Through: Mr. Rajiv Bajaj, Advocate with Mr.
Manav Jain, Advocate along with
Petitioner in person.
versus
M/S LIKES & ORS. ..... Respondents
Through: Mr. Rajesh Kumar and Mr. Gaurav
Rathore, Advocates with R-3 in
person.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 02.03.2021
1. The Petitioner has annexed a copy of a document which is titled as "Deed of retirement of one partner and admission of new partners". This agreement is dated 4th December, 2018. Under this deed, Mr. Somitraa Rejora has been referred to as the retiring partner. At the same time, Mr. Nitin Makker, Mr. Saurabh Chadha and Ms. Toshikaa Rejora are referred to as the new partners. The original document, produced by the Petitioner has been shown to Ms. Toshikaa Rejora, who is present in Court today. She states that the photograph annexed on the first and fourth page is of hers, but denies the signatures underneath her photographs and on the other pages at points A, B, C and D (marked by this Court). On the other hand, her counsel Mr. Rajesh Kumar has produced a document which is the re-constitution of a partnership deed dated 24th September, 2020. He submits that this is in Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:06.03.2021 13:11 continuation of the deed of 30th November, 2018 and the deed dated 24th September, 2020 clearly indicates that Ms. Toshikaa Rejora, Mr. Nitin Makker and Mr. Kiran Makker are partners and Mr. Saurabh Chadha is not a partner, which is also evident from a perusal of the deed of 30th November, 2018. This original document produced by the Respondent is denied by Petitioner's counsel and he submits that the stamp paper on which the said document has been drawn up is a forged document. Both the original documents are being retained by this Court and the Assistant Registrar (Original Side) is directed to put them in a sealed cover.
2. During the arguments, the Court has been informed that there is a bank account under the name of M/s Likes, a partnership concern, with Axis Bank, Bali Nagar Branch, bearing Account No. 918020113612639. The said bank account has been in operation since February, 2019. Therefore, before proceeding further, it is considered appropriate to direct the said bank to send a copy of the partnership deed which is available in their record in relation to the said Bank Account No.918020113612639. The bank is further directed to provide statement of account for the last one year alongwith the copies of the cheques signed by the partners, available in the bank records. Registry is directed to send the notice to the Branch Manager of the Bank for compliance of the aforesaid directions.
3. List on 23rd April, 2021.
4. Interim order(s) to continue.
SANJEEV NARULA, J MARCH 2, 2021/nd Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:06.03.2021 13:11