Vipin Sanghi, J. (Oral)

1. This petition has been preferred under section 9 of the Arbitration and Conciliation Act, 1996 (the Act) by the petitioner to seek the following reliefs:

"(a)

appoint a receiver in the above case with the direction to the receiver to immediately take possession of 2436, Ajmal Khan Road, Karol Bagh, New Delhi-110005 and to seal the same and to keep the keys in his custody till such time the affairs of the partnership firm are totally wound up and both the parties are paid their respective due shares and the award is made by the arbitral tribunal in this regard;

(b)

restrain the respondent, its representatives, nominee etc. from in any manner creating any third party interest and parting with possession in respect of shop No. shop No. 2436, Ajmal Khan Road, Karol Bagh, New Delhi-110005 in favour of anyone except in favour of the petitioner;

(c)

restrain the respondent, his representatives, nominee(s) etc. from in any manner carrying on the business by utilizing the assets of the partnership firm and the trading name of the partnership firm `D C Fashion' at shop No. 2436, Ajmal Khan Road, Karol Bagh, New Delhi - 110005, or at any place or places either directly or indirectly either in his name or in the name of any firm or company including his or his wife company D.C. Creations Pvt. Ltd., till the award is made by the arbitral tribunal in this regard;"

2. The petitioner and the respondent are real brothers. The parties along with their mother Smt. Kamla Devi purchased the property bearing No. 2435-2438, Gali Nos. 10 & 11, Ajmal Khan Road, Karol Bagh, New Delhi-110005 vide registered sale deed dated 04.03.1993.

3. The parties and their mother entered into a partnership deed dated 12.08.1997 to carry on retail business in textiles, clothing and garments such as shirts, suits, dupattas, sarees, dress materials etc. in partnership under the name and style of M/s. Dal Chand Gupta & Co. in the premises bearing No. 2436, Ajmal Khan Road, Karol Bagh, New Delhi, which is a part of the aforesaid larger property bearing No. 2435-2438, Ajmal Khan Road, Karol Bagh, New Delhi.

4. The business taken over by the partnership was, in fact, the business left by the late father of the parties, late Sh. Dal Chand Gupta, which the father was carrying out in the name of his proprietary concern M/s Dal Chand Gupta under the trade name DCM Retail Store. Upon the demise of the mother of the parties on 18.01.2004, the partnership was reconstituted with the petitioner and the respondent as the two partners on 20.01.2004. The entire business carried on by the erstwhile partnership firm was taken over by the new partnership firm and the name of the firm also remained unchanged. Both the parties had equal shares in the newly constituted firm.

5. According to the petitioner, Smt. Kamla Devi, the mother of the parties left a Will dated 19.12.2003, whereunder she bequeathed her share in the property bearing No. 2435-2438, Ajmal Khan Road, Karol Bagh, New Delhi equally in favour of the parties herein. Consequently, it is the case of the petitioner that he and the respondent have 50% share each in the aforesaid properties.

6. The petitioner further states that various improvements were made in the premises wherein the partnership business was being carried, to remain upto date with the changing trends. The partnership firm started trading in the name and style of "D.C. Fashion" and this name became the brand and trade name of the partnership firm. The firm also installed the ICICI Bank Credit Card Machine/Terminal in the trade name "D.C. Fashion" and the receipts from the sales made through the said credit card machine were directly credited to the bank account of the partnership firm, namely Dal Chand Gupta & Co. maintained with the ICICI Bank, Karol Bagh Branch.

7. The petitioner alleges that the wife of the respondent started interfering in the partnership business being carried on in property bearing No. 2436, Ajmal Khan Road, Karol Bagh and this