PREM LATA SUREKHA vs SRI CHAKRADHARI SUREKHA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st FEBRUARY, 2025 IN THE MATTER OF: + O.M.P. (COMM) 140/2023 & I.A. 7054/2023, I.A. 7056/2023 PREM LATA SUREKHA .....Petitioner Through: Mr. T.S. Ahuja, Mr. Varun Ahuja, Mr. Himanshu Sharma and Ms. Ridhi Kapoor, Advocates. versus SRI CHAKRADHARI SUREKHA & ORS. .....Respondents Through: Mr. Kunal Kalra, Advocate. + OMP (ENF.) (COMM.) 55/2023 & EX.APPL.(OS) 372/2023, EX.APPL.(OS) 373/2023 & EX.APPL.(OS) 1302/2024 CHAKRADHARI SUREKHA .....Decree Holder Through: Mr. Kunal Kalra, Advocate. versus PREMLATA SUREKHA THROUGH S.P.A. & ORS. .....Judgement Debtors Through: Mr. T.S. Ahuja, Mr. Varun Ahuja, Mr. Himanshu Sharma and Ms. Ridhi Kapoor, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT O.M.P. (COMM) 140/2023 & I.A. 7054/2023, I.A. 7056/2023 1. The present petition under Section 34 of the Arbitration & Conciliation Act, 1996 has been filed by the Petitioner challenging the impugned arbitral award dated 02.01.2023 passed by the learned Sole Arbitrator. 2. Shorn of unnecessary details, the facts leading to the filing of present Signature Not Verified Digitally Signed O.M.P. (COMM) 140/2023 & OMP (ENF.) (COMM.) 55/2023 Page 1 of 27 By:RAHUL SINGH Signing Date:06.03.2025 20:14:51 petition are as under:- i. It is stated that a family run Partnership Firm, namely, M/s Sri Narain Rajkumar, i.e., Respondent No.2 herein was established on 02.04.1973. It is stated that the original partnership consisted of Chakradhari Surekha, i.e., Respondent No.1 herein, Prem Lata Surekha, i.e., the Petitioner herein and Nitya Nand Yadav, i.e., Respondent No.3. ii. It is stated that the firm was primarily composed of family members and one partner outside the family, i.e., Nitya Nand Yadav/Respondent No.3 herein (now dec