POOJA GIRIDHAR Vs. SURINDER NATH GIRIDHAR (DELHI)

JUDGEMENT

(1.) This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. The petitioner No.1 is a widow and petitioner Nos.2 and 3 are the minor children of deceased Mr. Manish Girdhar who was the son of respondent Nos. 1 and 2. In this petition, it is stated that late Sh. Manish Girdhar was a partner alongwith respondent No. 1 in the partnership firm in the name and style of M/s. R.K. Jewellers under the Partnership Deed dated 1.4.1992. It is stated that late Sh. Manish Girdhar and respondent No.1 were 50-50% (equal) partners. The petitioners have also filed copies of the Income Tax return of Late Sh. Manish Girdhar for the years 2007-08 and 2008-09 which shows that the deceased was a partner in M/s. R.K. Jewellers. There are allegations in the petition that the respondents are not giving any details of the assets of the partnership firm and are also not giving any share of the profits to the petitioners who are stated to have little or no source of income. The petitioner has also referred to the provision of Section 37 of the Partnership Act, 1932 which provides that after the death of a partner in a firm, the surviving partners shall be liable to pay to the estate of the deceased partner through the representatives of the estate of the deceased partner, such share of profits made by the partnership firm as is attributable to the use of the share of the property of the deceased partner besides also interest @ 6% per annum.

(2.) In view of the pleadings, documents filed and the aforesaid facts I am satisfied that a case is made out for an ex-parte injunction. Accordingly, till further orders unless varied by the court, the respondent No.1 except only in the ordinary course of business and by maintaining necessary accounts of the sale and filing the same in this court fortnightly, is restrained from in any manner selling, transferring, alienating or encumbering any of the assets and of M/s. R.K. Jewellers which has its office at 1185/107, Kucha Mahajani Chandani Chowk Delhi-110006. At this stage, the counsel for the petitioner makes a prayer for the appointment of a Local Commissioner so that there can be an inventory with respect to the various items of the jewelery and other movable assets of the partnership failing which it is argued that the respondents shall conceal or secret away unless a list of the same is made. In view of the facts of the case and the urgency pleaded I accept this oral prayer. Accordingly, I appoint Sh. Vikas Sharma, Advocate, resident of A 363, Defence Colony, New Delhi, Mobile No.9810566116 who is present in the Court, as a Local Commissioner to visit the premises at 1185/107, Kucha Mahajani Chandani Chowk Delhi-110006 and at such other places where the jewelley and movable properties of the partnership firm are kept so that an inventory of the same can be made. The fees of the local commissioner is fixed at Rs 20,000/-. The respondents are directed to cooperate with the Local Commissioner for making the inventory of the movable assets. The Local Commissioner can take help from the local police and the concerned SHO is directed to provide police help to the Local Commissioner if so requested.

(3.) The provisions of Order 39, Rule 3 Civil Procedure Code be complied within a period of 5 days. Copy of the order be given under the signature of the Court Master to the counsel for the petitioner.