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2023 Supreme(Bom) 2116

BHARATI DANGRE
Rajesh Sharma – Appellant
Versus
Uma Constructions – Respondent


Advocates appeared:
Rohan Cama, Advocate, Piyush Raheja, Advocate, Akash Menon, Advocate, Vishal Pattabiraman, Advocate, Bency Ramkrishanan, Advocate, Mutahhar Khan, Advocate, Veer Kantariya, Advocate, Sharan Jagtiani, Advocate, Minal Jaiwant Chandnani, Advocate, Birendra Saraf, Advocate, Naira Jeejeebhoy, Advocate, Pooja Gera, Advocate, Pratik Jani, Advocate, Princee Vaishnav, Advocate

Table of Content
1. disputes about the partnership's operations. (Para 1 , 2 , 3)
2. alleged breaches and motions for relief. (Para 4 , 5 , 18 , 19)
3. recognizing partnership terms and clauses. (Para 6 , 7 , 8 , 9)
4. disputes regarding asset allocation and ownership. (Para 10 , 21 , 29)
5. agreements about development and rights assigned. (Para 11 , 12 , 13)
6. implications of financial liabilities for partners. (Para 20 , 22 , 25)
7. status quo measures regarding the assets. (Para 28 , 30 , 36)
8. standards governing emergency receiver appointment. (Para 52 , 53 , 54)
9. judicial discretion concerning asset management. (Para 55 , 56 , 57)
10. conclusion drawn from the totality of arguments. (Para 59 , 60 , 63)

JUDGMENT/ORDER

1. The dispute involved in the three Commercial Arbitration Petitions being fled as petition numbers CARBP No.264/2022, CARBP No.185/2022 and CARBP No.16341/2022, revolve around the affairs and assets of the partnership frm M/s. Uma Constructions (hereinafter referred to as 'the frm'). The frm presently comprises of three partners, Mr Rajesh Sharma, Mr Sunil Sharma and Mr Sunny Ramani. Mr Rajesh Sharma and Mr Sunil Sharma (hereinafter referred to as Sharmas/Sharma broth

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