Kunal Chintamani Kelkar v.Kanika Sood & Anr.
Delhi High Court - Orders
The Petitioner, a professional photographer and equal designated partner in a Limited Liability Partnership (LLP) with Respondent No.1, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking urgent interim measures of protection. The disputes concerned alleged unauthorized use of the brand 'The Autofocus' (conceived by the Petitioner), control over digital assets and social media accounts, denial of access to the LLP's premises, and unilateral transfer of approximately Rs.53.26 lakhs from the LLP's bank account to Respondent No.1's personal account. The Delhi High Court, upon prima facie review of the LLP Agreement, found that while Clause 13 permitted independent business activity subject to prior intimation, Clause 14 expressly prohibited a designated partner from undertaking any business directly competing with the LLP's objectives. The Court issued notice to the Respondents and granted limited interim relief restraining Respondent No.1 from transferring or alienating the LLP's assets, digital data, or retaining exclusive control over the LLP's digital accounts.
