BIBI HAJJAR DASHTI Vs. SYED ALI ASGHAR BOLOOKI

JUDGEMENT

(1.) Mr. Avinash Desai, learned Senior Counsel represents Mr. Mohd. Omer Farooq, learned counsel for the appellant. Mr. B.Chandrasen Reddy, learned Senior Counsel represents M/s.Chandrasen Law Offices, for the respondents.

(2.) This appeal under Sec. 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the 1996 Act') has been filed against the order dtd. 14/3/2024 passed in C.O.P.No.82 of 2023 by the District Judge, for Trial and Disposal of Commercial Disputes, at Hyderabad, by which respondent No.1, namely Managing Partner of M/s.Cafe Bahar Restaurant has been appointed as Receiver. In order to appreciate the grievance of the appellant, relevant facts need mention which are stated infra.

(3.) The parents of the appellant and the respondent Nos.1 to 3 and deceased respondent No.4 constituted a partnership firm, namely M/s.Cafe Bahar and Restaurant (hereinafter referred to as 'the Firm'), which is engaged in the business of running an Irani restaurant and bakery since 1999. After the death of the parents of the appellant, and the respondent Nos.1 to 3 and deceased respondent No.4, the Firm was re-constituted and a Deed of Reconstitution dtd. 1/10/2020 was executed. The appellant has 14% share in the Firm.