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2022 Supreme(Del) 1434

SANJEEV NARULA
Harshit Dhawan – Appellant
Versus
Chander Shekhar Dhawan And Another – Respondent


Advocates appeared:
Rajat Arora, Advocate, Renu Bhandari, Advocate, Kanwal Chaudhary, Advocate

JUDGMENT

Sanjeev Narula, J. - O.M.P. (I)(COMM.) 315/2019 & I.a. 14094/2021 (u/S. 151 of the Code of Civil Procedure, 1908 on behalf of Respondents seeking modification of Order dated 12th October, 2021)

1. This Court, by way of a separate order passed today in aRB. P. 172/2020, has appointed a Sole arbitrator for adjudication of disputes pertaining to and arising from a 'Deed of Partnership' dated 05th July, 2014, executed between Late Mr. Chander Shekhar Dhawan [Respondent No. 1] and the Petitioner, in relation to the constitution of a partnership firm in the name and style of Dhawan Printers and Packers [Respondent No. 2]. The deceased partner is now represented through his legal representatives.

2. With the arbitral tribunal in place, the question that now arises is whether any interim measure is required to be put in place till such time the tribunal enters upon the reference.

Facts in brief:

3. Petitioner and Respondent No. 1 each held 50% share in Respondent No. 2 firm. Petitioner contends that he was initially being paid a sum Rs. 20,000/- towards his share in the income of Respondent No. 2 firm. Later, this was reduced to Rs. 10,000/- per month by Respondent No. 1, and stopped a

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