NARAIN SAHAI AGGARWAL Vs. SANTOSH RANI

JUDGEMENT

(1.) By this common order I propose to dispose of I.As. 8243 and 9343/96 filed by Narain Sahai Aggarwal,petitioner,and I.A. 11297/96 filed by Smt. Santosh Rani, respondent.

(2.) I.A. 8243/96 has been filed, inter alia, on the allegations that the petitioner and the respondent entered into a partnership deed dated October 5,1995. Petitioner is the working partner while respondent is the sleeping partner of the partnership firm 'Sahraj Overseas'. Respondent arranged for meagre funds besides providing accommodation at 358, Kohat Enclave. Peetampura Road, New Delhi, for running the partnership business. Bulk of the funds for the business was arranged by the petitioner. It is alleged that in June, 1966 respondent forcibly ousted the petitioner from the aforesaid property and also took possession of the movable properties of the partnership firm lying there. On September 6,1996, petitioner has come to know that the respondent has contacted some property dealers of the area to dispose of property No. 358, Kohat Enclave she is further going to dispose of movable assets of the partnership firm, as detailed in Annexure-1 filed alongwith the petition. It was prayed that by issue of ad interim injunction respondent or her agents be restrained from selling, transferring, alienating, mortgaging the aforesaid property and also the movable assets worth Rs. 5,40,350.00 as detailed in Annexure- 2 till the pendency of the OMP.

(3.) In continuation of the said application I.A. No. 9343/96 was filed on October 5, 1996. It is further alleged that the petitioner has learnt that the respondent has started another firm in said property No. 358, Kohat Enclave, in the name of 'Jain International ' and most of the stock of raw material has been consumed by the new firm. Most of the machines of the partnership firm have been shifted to new premises No. 239, Opposite Sethi Electroplaters, Shivaji Marg, village Peetampura and the respondent is using them for her own benefit. It was prayed that a Receiver may be appointed to take custody of the movable assets of the partnership firm lying at 358, Kohat Enclave and 239, Opposite Sethi Electroplaters, Shivaji Marg and to take possession of the aforesaid partnership property.