KOLMET ENTERPRISES Vs. SURJIT SINGH KOHLI

JUDGEMENT

(1.) By this order I shall dispose of the main petition as well as application filed by respondent No.1 under section 151 of CPC seeking vacation of interim order dated 18.01.2011.

(2.) The petitioners have filed the instant petition under section 9 of the Arbitration and Conciliation Act, 1996 read with section 151 of CPC. Brief facts of the case are that the petitioner Nos.2 to 7 and the respondents had been carrying on their business in partnership under the name and style of M/s Kolmet Enterprises under the partnership deed dated 07.05.1991 having its head office at 1408, Chiranjeev Towers, Nehru Place, New delhi-110019. M/s Kolmet Enterprises (hereinafter referred to as petitioner No.1) is a duly registered firm with the Registrar of Firms, Delhi and is engaged in the business of running a restaurant under the name and style of "The Host" at F-8, Cannaught Place, New Delhi for the last more than 30 years.

(3.) It is averred in the petition, that Petitioner Nos. 2 to 7 and respondent No.2 collectively hold 86% share in the petitioner No.1 firm whereas respondent No.1 holds 14% share in the petitioner No.1 firm. The partnership deed dated 07.05.1991 provides that petitioner Nos.2 & 3 and are to act as Managing Partners of the petitioner No.1 firm, and thus the said petitioners have been managing the affairs of the petitioner No.1 firm.