HARSHIT DHAWAN Vs. CHANDER SHEKHAR DHAWAN

JUDGEMENT

(1.) This Court, by way of a separate order passed today in ARB. P. 172/2020, has appointed a Sole Arbitrator for adjudication of disputes pertaining to and arising from a 'Deed of Partnership' dtd. 5/7/2014, executed between Late Mr. Chander Shekhar Dhawan [Respondent No. 1] and the Petitioner, in relation to the constitution of a partnership firm in the name and style of Dhawan Printers and Packers [Respondent No. 2]. The deceased partner is now represented through his legal representatives.

(2.) With the arbitral tribunal in place, the question that now arises is whether any interim measure is required to be put in place till such time the tribunal enters upon the reference. Facts in brief:

(3.) Petitioner and Respondent No. 1 each held 50% share in Respondent No. 2 firm. Petitioner contends that he was initially being paid a sum Rs.20,000.00 towards his share in the income of Respondent No. 2 firm. Later, this was reduced to Rs.10,000.00 per month by Respondent No. 1, and stopped altogether from June, 2019. Now, despite repeated requests, Respondent No. 1 refuses to share the books of accounts and details of the assets of Respondent No. 2 firm. Petitioner was thus compelled to serve a notice dtd. 23/7/2019 upon Respondent No. 1, stating his intention to dissolve Respondent No. 2 firm w.e.f. 31/8/2019 in terms of Clause 12 of the Partnership Deed, read with Sec. 43 of the Indian Partnership Act, 1932. He also called upon Respondent No. 1 to provide true and correct accounts and details of assets of Respondent No. 2 firm and also sought inspection of its books of accounts to enable him to settle the affairs of the Respondent No. 2 firm after its dissolution.