DISHA HOSPITALITY PVT. LTD. Vs. DEHRA HOSPITALITY

JUDGEMENT

(1.) Counter-affidavit has been filed today on behalf of respondents Nos. 2 and 3. Service on respondent Nos. 4 and 5 has been effected by way of publication on 24/6/2024.

(2.) In the counter-affidavit filed, in paragraph 06, it has been stated that a registered lease deed dtd. 21/8/2017 was executed between M/s Disha Hospitality (P) Ltd. and M/s Dehra Hospitality. It is further stated that vide communication dtd. 15/3/2019 all the assets, ownership, liabilities and affairs of M/s Dehra Hospitality has been taken over by Mr. Aditya Vinod Jayani and Mrs. Kanta Jayanta, and they are respondent Nos. 4 and 5 in this arbitration application. Copy of the constitution of the deed of partnership is dtd. 1/10/2019. It is also stated that respondent Nos. 2 and 3 are not liable for payment of an amount of Rs.1,73,72,308.00. Even if, applicant is not part of partnership firm now, the very fact that the contract was initially signed by respondent No. 2, and it has been taken over by respondent Nos. 4 and 5 now, this Court proceeds to appoint the arbitrator.

(3.) As service on respondent Nos. 4 and 5 has already been effected, this Court proceeds to appoint the Arbitrator, who will examine the issue as stated in the counter-affidavit filed by respondent No. 2, in respect of partnership deed.