ASCHRAJ LAL SAHNI Vs. MUKESH SAHNI

JUDGEMENT

(1.) THE petitioners, namely, Aschraj Lal Sahni, Mrs.Veena Sahni & Saagar Sahni and the respondent Mukesh Sahni are the partners in partnership business which was being carried on under the name and style of M/s Tolia Agency from the premises No.305, 311, 285 & 992, Sadar Bazar, Delhi, under a Partnership Deed dated 1st April, 2008 entered into between the partners. The parties are related to each other. The said partnership also contained an arbitration clause No.12. The same was at will. Disputes and differences between the parties arose. The petitioners dissolved the said partnership business by virtue of legal notice dated 31st December, 2013. The abovementioned facts are pertaining to Arbitration Petition No.131/2014.

(2.) YET another petition under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, called the "Act") has been filed by Yogesh Sahni and Mrs.Saroj Sahni against the respondents, namely, Mrs.Anshu Sahni and Saheb Sahni. The facts in the said petition are that they were carrying on the business under the name and style of M/s Yogesh & Co from the premises No.2402, 2403, 2420 & 2421, Hardhyan Singh Road, Karol Bagh, New Delhi, under a Partnership Deed dated 1st April, 2006 entered into between the partners. The said partnership also contained an arbitration clause No.13. The said partnership business was also at will. Since the disputes and differences arose between the parties, the petitioners dissolved the partnership business by virtue of legal notice dated 27 th January, 2014 and invoked the arbitration clause.

(3.) AT the behest of the petitioner, the operation of the bank accounts of the partnership firm M/s Tolia Agency have been stopped. This is leading to difficulty in making recoveries from the market. Obviously, the respondents have had to resort to running the business in another name as the ongoing business of M/s Tolia Agency has brought to a halt.