ASHOK KUMAR MITTAL Vs. ASHWANI KAPOOR

JUDGEMENT

(1.) This order shall dispose of OMP No. 49/2005 and OMP No. 121/2005 which are petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act' only) filed by the partners, who were running a hotel named ;Hotel Ashoka Continental' at 8370, Arakashan Road, Paharganj, Delhi.

(2.) In OMP No. 49/2005, the petitioner, Ashok Kumar Mittal, who continues to be in possession of the hotel and running its business seeks protection, as an interim measure, restraining the other partner and his son from obstructing him in running the hotel and also seeks to restrain them from getting revoked the license granted to the partnership firm for running the hotel.

(3.) On the other hand, the other two partners Ashwani Kapoor and his son Naresh Kapoor, who are the petitioners in OMP No. 121/2005, seek interim orders to restrain Ashok Kumar Mittal, from running the business of the said hotel and using the goodwill, assets and properties and removal of the assets of the partnership business, books of accounts etc.. till the Award is made and published by the Arbitrator.