M/S TRIOM HOSPITALITY THROUGH ITS PARTNER MR SANJAY SHARMA vs M/S J.S. HOSPITALITY SERVICES PVT. LTD.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 11.08.2025 Judgment pronounced on: 24.11.2025 + FAO (COMM) 174/2024 M/S TRIOM HOSPITALITY, THROUGH ITS PARTNER, MR. SANJAY SHARMA .....Appellant Through: Dr. Amit George, Mr. Rajiv Kumar, Mr. Rupam Jha, Mr. Adhishwar Suri, Ms. Ibamsara Syiemlieh, Mr. Dushyant Kaul & Ms. Medhavi Bhatia, Advs. versus M/S J.S. HOSPITALITY SERVICES PVT. LTD.....Respondent Through: Mr. J. Sai Deepak, Senior Advocate with Mr. Vikas Tomar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 24.11.2025 OM PRAKASH SHUKLA, J. Introduction 1. The present appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 19961, read with Section 13(1-A) of the Commercial Courts Act, 2015 has been filed by the appellant assailing the order dated 28.08.2024 passed by the learned District Judge (Commercial Court-02), South West District, Dwarka, New Delhi, in CS (COMM) 1 “The Act” hereinafter Signature Not Verified Signed By:GUNN FAO (COMM) 174/2024 Page 1 of 37 Signing Date:24.11.2025 19:22:24 No. 286/2023, whereby the application filed by the appellant under Section 8 of the Act in CS(COMM) No. 392/2024 was dismissed. 2. For the sake of convenience, parties are referred by the same name as they were before the learned Commercial Court. Factual context 3. The appellant, who is the defendant in the civil suit pending before the learned Commercial Court claims to be a family partnership firm constituted under a partnership deed dated 12.12.2022 between (i) Mr. Sanjay Sharma, (ii) his son, Mr. Sahil Sharma, and (iii) his nephew, Mr. Tanish Sharma. Under the said deed, Mr. Sanjay Sharma holds a 50% share, while Mr. Sahil Sharma and Mr. Tanish Sharma hold a 25% share each. The registered off