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High Court of DelhiO.M.P.(I) (COMM.)/498/2025

Smt. Gunjan Sharma v. Sh. Sushant Sharma & ANR.

2025-12-05Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 498/2025 SMT. GUNJAN SHARMA .....Petitioner Through:

Ms. Beenashaw N. Soni with Ms.

Mansi Jain, Ms. Ann Joseph and Ms.

Katyani Malhotra, Advocates versus SH. SUSHANT SHARMA & ANR.

.....Respondents Through:

Mr. Kunal Malik, Advocate for R-1

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 05.12.2025 I.A. 30248/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(I) (COMM.) 498/2025 1.

The Petitioner has approached this Court by filing the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 for a direction to the Respondent No.1 to maintain status quo in respect of the business and assets of the Partnership firm M/s Karmic Pharma and also for restraining the Respondent No.1 from withdrawing amounts from the bank account of the Partnership firm without the consent of the Petitioner. 2.

The facts of the case as stated in the Petition shows that the Petitioner and the Respondents were married on 02.12.2012. A business under the name 'M/s Karmic Pharma' was started by the parties and a Partnership The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deed was executed on 18.04.2017. In the Partnership Deed it was decided that the disputes would be resolved through arbitration. Difference of opinion has now arisen between the husband and the wife, the partners in the partnership firm.

3.

In view of the nature of the disputes, this Court is inclined to appoint an Arbitrator to adjudicate the disputes between the parties. 4.

Accordingly, Ms. Varuna Bhandari Gugnani, Advocate, (Mobile No. 9810400605) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

5.

The learned Arbitrator shall be entitled to fees as per the fourth Schedule of the Arbitration and Conciliation Act, 1996. 6.

The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within two days of entering on reference.

7.

The Arbitrator is requested to consider the present petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 as one filed under Section 17 of the Arbitration and Conciliation Act, 1996 and decide the same in accordance with law, preferably within two weeks from entering the reference.

8.

It is stated that for two weeks there shall be no withdrawal of money from both sides. Any such withdrawal from the bank account of the Partnership firm is only allowed subject to consent of both the parties when it is deemed necessary by the parties that the money will be utilized for any unavoidable and necessary business expense.

9.

All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

on their merits, in accordance with law.

10.

Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties. 11.

The petition stands disposed of in the above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J DECEMBER 5, 2025 Prateek The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.