Delhi High Court - Orders
Nalini Bhandari vs Talwinder Singh Bhatia on 24 March, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 58/2020
NALINI BHANDARI ..... Petitioner
Through: Mr. Tanmaya Mehta, Ms. Narita
Yadav, Mr. Sanyam Khetarpal, Mr.
Nitesh Goyal and Mr. Nitish,
Advocates.
versus
TALWINDER SINGH BHATIA ..... Respondent
Through: Mr. Vinod Pant, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 24.03.2021
1. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 [hereinafter referred as the 'Act'] seeks an ad interim order against the Respondent.
2. On 2nd March, 2020, this Court passed an interim Order, to the following effect: -
"I.A. 2893/2020 (exemption)
1. Exemption granted subject to all just exceptions.
2. The application is disposed of.
O.M.P.(I) (COMM.) 58/2020
3. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeks the following reliefs:-
"a) Grant ad interim orders and/ or direction restraining the Respondent from continuing the day to day affairs of the restaurant "Hi Mirchee" situated at Manish Location Plaza, 3rd Floor, Plot No.1, Sector 12, ashirwad Chowk, Dwarka, New Delhi-110075;
b) Grant ad interim orders and/ or direction restraining the Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:26.03.2021 17:30 respondent from withdrawing any amount from the accounts of the partnership concern;
c) Grant ad interim orders and/ or direction appointing a Receiver to take charge of the restaurant and put the restaurant under his lock and key and hand over the keys to the arbitrator once appointed by this Hon'ble Court;
d) Pass any such other order(s) as this Hon'ble Court may deem fit, proper and convenient in the facts and circumstances."
4. Learned counsel for the petitioner submits that the petitioner had entered into a partnership with the respondent and one Mr.Anil Chopra on 28.04.2005, wherein all the three partners were entitled to 33.33% share. Subsequently, the partnership underwent changes on two occasions, whereafter, w.e.f. 05.11.2012, only the petitioner and respondent, were partners and owned all the partnership property in equal shares, for which, she draws my attention to the memorandum of understanding dated 25.04.2013 which specifically records that both the partners were equal owners of the Restaurant "Hi Mircheee" situated at Manish Location Plaza, 3rd Floor, Plot No.1, Sector 12, Aashirwad Chowk, Dwarka, New Delhi-110075. She further submits that subsequently the intention of the respondent became dishonest and he started running the Restaurant in an illegal manner and thereafter also started preventing the petitioner and her Authorised Representatives from entering the premises. The petitioner was, therefore, vide her letter dated 31.12.2019 constrained to terminate the partnership and invoke arbitration proceedings by filing a petition under Section 11 of the Arbitration and Conciliation Act, 1996 before this Court in which notice has been issued for 27.03.2020. She, therefore, submits that the petitioner apprehends that the respondent, in order to scuttle her rights, may dispose of all the assets owned by the erstwhile partnership and therefore, prays that the respondent be restrained from entering the premises of the Restaurant and withdrawing any amount from the accounts of the partnership concerned.
5. Upon the petitioner filing process fee, issue notice to the respondent, through ordinary process and speed post, returnable on 27.03.2020.
6. Till the next date the respondent is restrained from creating any third party rights in the Restaurant "Hi Mircheee" situated at Manish Location Plaza, 3rd Floor, Plot No.1, Sector 12, Aashirwad Chowk, Dwarka, New Delhi-110075.
7. List on 27.03.2020 along with the petition ARB.P.137/2020.
Dasti under the signatures of the Court Master."
3. The afore-noted Order was further modified on 7th September, 2020, Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:26.03.2021 17:30 to the following effect: -
"7. Interim orders to continue and, consequently, both parties shall maintain status quo qua the Restaurant "Hi Mircheee" situated at Manish Location Plaza, 3rd Floor, Plot No.1, Sector 12, Aashirwad Chowk, Dwarka, New Delhi-110075, as also equipment and material lying therein, till the next date."
4. Today, this Court vide separate Order in ARB.P. 137/2020 has appointed a Sole Arbitrator to adjudicate the disputes arisen between the parties. Now that, the Sole Arbitrator has been appointed by this Court, it is, considered appropriate that the interim Orders dated 2nd March, 2020 and 7th September, 2020 be confirmed and are deemed to continue to operate for a period of four weeks from the date the learned Arbitrator enters upon reference. Within such time, the Petitioner shall move an appropriate application under Section 17 of the Act, if so advised. It is made clear that if an application in that behalf is moved by the Petitioner, the learned Arbitrator would consider the same on merits, uninfluenced by any observations made in the Orders dated 2nd March, 2020, 7th September, 2020 or this Order. In case, an application under Section 17 of the Act is not filed, the protection granted by the Court via its previous Orders and this Order will stand automatically dissolved.
5. In view of the above terms, the present petition is disposed of.
SANJEEV NARULA, J MARCH 24, 2021 nd Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:26.03.2021 17:30