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2009 Supreme(Bom) 641

ANOOP V.MOHTA
Ravinder Singh Ahluwalia of Mumbai Indian Inhabitant – Appellant
Versus
Kuljinder Singh Ahluwalia of Mumbai Indian Inhabitant – Respondent


Advocates appeared:
For the Petitioner:N.Seervai, Sr.Advocate with Prateek Sakseria with Sishal Thaker i/b. Ms. Anjali Trivedi, Advocates. For the Respondents:R1, Chetan Kapadia with I.J. Nankani and H.S. Khokawala i/b. M/s. Nankarni & Co., R2 to R5, Virag Tulzapurkar, Sr.Advocate with Ms. Soumya Srikrishna, Simil Porohit, Dhawal Mehta, Ms. Jashani Sheth & Ms. Swapna Khatri i/b. M/s. Wadia Gandhy & Co., Advocates.

Judgment :

Heard finally by consent of the parties.

2. The petitioner, who is a partner of a firm called "M/s.Muktanandan Corporation" (for short, the firm), after dissolving it by a notice 16.04.2009, has invoked Section 9 of the Arbitration & Conciliation Act, 1996 (for short, the Act) and seeking various interim measures/protection against the respondents.

3. A Registered Partnership Deed dated 17th September, 1975 entered into between one Rajinder Singh (husband of respondent no.2 and father of respondents 3 to 5) and late Smt.Gurdev Kaur (mother of the petitioner, respondent no.1 and Mr.Rajinder Singh) and thereby constituted the firm. Rajinder and Gurdev (now both deceased) had equal share in the profits, losses, assets and liabilities of the firm. The partnership was at Will.

4. As averred, the firm had purchased or acquired out of the funds 33,24,400 equity shares of Rs.10/- each of one Mukat Pipes Limited (the Company), during the period 1991-2001 in the name of the deceased Rajinder Singh. As alleged, he held those shares in his fiduciary capacity and/or as Trustee for and on behalf of the firm. Those shares were purchased on behalf of the firm out of the funds paid from
















































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