V.KAMESWAR RAO
M/s. Sagar Ratna Restaurants Pvt. Ltd. – Appellant
Versus
Tarseem Kumar – Respondent
IA Nos. 497/2014 (filed on behalf of impleaded respondent M/s. Shree Rathnam Restaurant Pvt. Ltd. to modify the order dated 17.4.2013) & 17214/2013 (under Section 151 CPC filed on behalf of the petitioner for appointment of fresh Receiver)
1. By this order, I would dispose of two applications, one being IA 17214 of 2013 filed by the petitioner for appointing a new Receiver pursuant to order dated April 17, 2013 and IA 497/2014 filed by M/s. Shree Rathanam Restaurant Pvt. Ltd. (‘SRRP’, in short), impleaded respondent seeking directions for working of Receiver.
2. The brief facts, are, an agreement dated May 01, 2005 was executed between the respondent Nos. 1 to 3 and M/s. Sagar Ratna Hotels Pvt. Ltd. (‘SRHP’, in short) in respect of a commercial premises bearing No. 33, 35 & 36, Pocket C-9, Sector 7, Rohini, Delhi situated on the ground and first floors, whereby, it was agreed by the said respondents to provide the same to SRHP for running a restaurant on the terms and conditions stipulated therein. One of the terms being that the duration of the agreement was for a period of ten years from the date of opening the restaurant, which could be increased further for such a perio
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