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2016 Supreme(Del) 2938

V.KAMESWAR RAO
Columbia Holdings Private Limited – Appellant
Versus
SSP Developers Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Harish Malhotra, Mr. Anil Sharma, Mr. N.S. Bajwa, Mr. Pramod Saigal, Mr. Shikhar Sareen, Mr. Jaskaran
For the Respondent: Mr. Ravi Gupta, Mrs. Shally Bhasin, Mr. Raghav Pandey, Ms. Bhoomija Verma, Mr. Yudhishthir Singh, Mr. Lakshmeesh Kamath

JUDGMENT :

V. Kameswar Rao, J.

1. By this order, I shall decide a preliminary objection taken by the respondents on the maintainability of the four petitions which have been filed by the petitioner under Section 11 (5) and 11 (6) of the Arbitration and Conciliation Act, 1996 (‘Act of 1996’ in short) being Arbitration Petitions No. 212/2016 and 213/2016 and Petition under Section 9 of the Act of 1996 being OMP (I) (COMM) Nos. 94/2016 and 96/2016 on the ground that the petitions are hit by Section 69 (3) of the Partnership Act, 1932 (‘Partnership Act’ in short).

2. The Arbitration Petition 212/2016 and OMP (I) (COMM) 96/2016, the relevant facts are, a fresh partnership deed dated April 1, 2005 was signed between MGF Development Ltd. and Columbia Holdings Pvt. Ltd in the partnership firm of MGF Mall Management to share the profits and losses as under:-

M/s MGF Development Ltd- 50%

M/s Columbia Holdings Pvt. Ltd.- 50%

Thereafter, on 6th June, 2012 M/s SSP Developers Pvt. Ltd. respondent No.1 through its Director Mr. Siddharth Gupta was introduced in the partnership firm and the profits and losses under new partnership were agreed to be shared as under with effect from October 1, 2009.

M/s MGF




















































































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