LALIT KUMAR Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS petition has been preferred under section 9 of the Arbitration and Conciliation Act, 1996 (the Act) by the petitioner to seek the following reliefs:

(2.) THE petitioner and the respondent are real brothers. The parties along with their mother Smt. Kamla Devi purchased the property bearing No.2435-2438, Gali Nos.10 & 11, Ajmal Khan Road, Karol Bagh, New Delhi-110005 vide registered sale deed dated 04.03.1993.

(3.) THE business taken over by the partnership was, in fact, the business left by the late father of the parties, late Sh. Dal Chand Gupta, which the father was carrying out in the name of his proprietary concern M/s Dal Chand Gupta under the trade name DCM Retail Store. Upon the demise of the mother of the parties on 18.01.2004, the partnership was reconstituted with the petitioner and the respondent as the two partners on 20.01.2004. The entire business carried on by the erstwhile partnership firm was taken over by the new partnership firm and the name of the firm also remained unchanged. Both the parties had equal shares in the newly constituted firm.