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High Court of DelhiO.M.P.(I) (COMM.)/220/2016

Satish Kapur v. Anuj Sehrawat(Partner) & ORS.

2016-09-22Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 220/2016 SATISH KAPUR ..... Petitioner Through:

Mr Atul Nigam and Mr Nikhil Jain, Advocates.

versus ANUJ SEHRAWAT(PARTNER) & ORS.

..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.09.2016 The petitioner has filed the present petition, inter alia, praying as under:- "(i) Restrain respondents from transferring, assigning or creating any third party interest in the subject premises i.e. A-5, Second & Terrace Floor, Green Park, New Delhi.

(ii) Appointing a receiver who would oversee the management of respondent no.4 firm to run and operate the business of the firm of a restaurant/bar/micro brewery in name & style of "Groghead" from the subject premises, alongwith respondents 1 to 3 in the manner in which possession custody and management remains with the receiver. The receiver shall maintain and submit accounts of the business of respondent no.4 and deposit the amount as directed by this Hon'ble Court. And such other terms as this Hon'ble Court may deem fit."

Insofar as the first prayer is concerned an ad interim order was granted on 30.05.2016. The same is made absolute.

Insofar as second prayer is concerned, the learned counsel for the petitioner does not to press the same at this stage and seeks liberty to approach the Arbitral Tribunal, as and when constituted, for the said relief. Accordingly, the petition is disposed of reserving the petitioner the liberty to press the second prayer (prayer for receiver) before the Arbitral Tribunal.

VIBHU BAKHRU, J SEPTEMBER 22, 2016 MK