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2022 Supreme(HP) 546

VIVEK SINGH THAKUR
Anandini Village Resorts – Appellant
Versus
Nibaana, A Sole Proprietorship Concern Through Its Partner Mr. Purav Chitalia – Respondent


Advocate Appeared:
For the Petitioner:Mr. Janesh Gupta, Advocate
For the Respondent:M/s Amit Kumar Saini and Vijay Bir Singh, Advocates

ORDER :

Petitioner No.1 is a Partnership Firm, having its partners, petitioners No.2 to 5 and one more partner namely Rajesh Prahlad Rakesh, who was not partner at the time of execution of agreement with respondent, a sole proprietorship concern of Mr. Purav Chitalia.

2. Present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”), seeking following relief(s):-

    “A The account being maintained by the respondent with ICICI Bank Dharamshala be order to be attached bearing number 050005001145 under name of Nibbana.

B. A receiver be appointed to maintain the affairs of the property and to secure the account’s so that the same may not be tampered with at any given point of time.

C. Any other order which this honourable court may feel just an appropriate in the facts and circumstances of the case be also passed in favour of the conditioner.”

3. Petitioners-firm has a Resort in the name and style of M/s Anandini Village Resorts in two different parts known as Anandini Village Resorts-I, consisting of Hotel alongwith open space in the shape of lawn and parking and Anandini Village Resorts-II, having four different built up s

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