O.M.P.(I) (COMM.) 290/2026 Page 1 of 5 $~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010319492026 + O.M.P.(I) (COMM.) 290/2026 LAKSHAY SIKRI & ANR. .....Petitioners Through: Mr. Satyender Sharan, Ms. Deepshikha and Mr. Abhinandan Sagar, Advs. versus VIJAY KUMAR & ANR. .....Respondents Through: Mr. Yaman Joshi and Mr. Ankit Bhushan, Advs. CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER(ORAL) % 12.08.2026 1. Learned Counsel appearing for Respondent No. 1 submits, on instructions, that he has no connection whatsoever with Respondent No. 2. He specifically says that Respondent No. 1 is neither in contact nor in communication with Respondent No. 2 in any manner. However, learned Counsel for the Petitioner disputes this assertion. 2. Vide order dated 31.07.2026, this Court has passed the following order: - 1. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking intervention of this Court to (i) Restrain Respondent No.1 from engaging directly or indirectly with Respondent No.2 or any business competing with the LLP (ii) direct Respondent No.1 to return and delete proprietary data of the LLP (iii) restrain Respondent No.1 from soliciting any clients/employees of the LLP. Signed By:ANUBHAV TRIPATHI Signing Date:18.08.2026 16:43:32 Signature Not Verified O.M.P.(I) (COMM.) 290/2026 Page 2 of 5 2. It is the case of Petitioner that Petitioner No. 1 and Respondent No.1 were inducted as partners/designate partners in the LLP and while continuing as a partner of the LLP, Respondent No. 1 started a separate proprietorship, M/s Talentrix Media, engaged in a similar business, without prior intimation and thereafter used the LLP’s confidential information, digital accounts, goodwill, employees and client relationships for the benefit of that concern. 3. It is further the case of Petitioner that Respondent No.1 is allegedly poaching proprietary data and confidential information of the LLP and further induced an employee to leave and approached existing clients. 4. Thus, having a direct contractual and beneficial interest in the preservation of the LLP’s business and assets, Petitioner No.1 is seeking limited interim protection against LLP’s dissipation or misuse pending adjudication of the inter se disputes. 5. Upon a perusal of the LLP agreement dated 11.05.2023, following points are deduced- i. Clause 108 of the LLP agreement dated 11.05.2023 discloses an arbitration clause. The same is reproduced below: “108. All the matters not expressly provided in this agreement shall be decided by the consent of all the Partners in writing. Failing that all disputes and questions about and in connection with the LLP under this Agreement arising between the Partners or between any one of them and the legal representative of the Partners or with the LLP at any time and from time to time, shall be settled by conciliation by arbitration as provided under the Arbitration and Conciliation Act, 1996.” ii. Clause 32 of LLP agreement dated 11.05.2023 discloses that all assets belonging to the LLP, including intellectual property rights, are the exclusive property of the LLP. It further provides that no partner may use such property for his personal benefit. The same is reproduced below: “32. All the assets owned by or belonging to the LLP including but not limited to the Intellectual Property Rights (IPRs) of whatever kind shall be the property of the LLP and no partner shall be entitled to use for himself any Signed By:ANUBHAV TRIPATHI Signing Date:18.08.2026 16:43:32 Signature Not Verified O.M.P.(I) (COMM.) 290/2026 Page 3 of 5 such property otherwise than as a client or customer.” iii. Further, Clause 35 permits each partner to carry on a separate and independent business. However, this permission is conditional upon (i) prior intimation being given to the LLP before commencement of the business and (ii) the partner not using the LLP's name for that independent business. iv. Clause 37 requires every partner to account to the LLP for any benefit derived, without the LLP’s consent and Clause 38 requires a partner to indemnify the LLP and the other partners for any loss caused by fraud committed in the conduct of the LLP’s business. v. Additionally, Clause 39 requires every partner to provide true accounts and complete information regarding all matters affecting the LLP and Clause 41 provides that no partner may, without the written consent of all other partners, use the LLP’s money, goods, assets or credit except in the ordinary course of the LLP’s business and for its benefit. 6. Upon reading all the relevant clauses collectively, this court is of considered view that Clause 35 may allow Respondent No.1 to conduct an independent business, but that permission is subject to prior intimation and does not authorize him to use the LLP’s name. Further, multiple clauses separately prohibit or regulate the use of the LLP’s information and assets. The intention is clear to prevent the misuse LLP’s data and assets. 7. In these circumstances, prima facie is made out in favor of Petitioner and irreparable loss would be caused if assets, data and clients of the LLP are jeopardized for personal benefits. 8. Accordingly, till the next date of hearing, Respondent No.1 is restrained from, transferring or disclosing the LLP’s confidential data, changing or retaining exclusive control over the LLP’s email credentials, deleting emails, financial data or social- media records, using the LLP’s Instagram account to promote Talentrix, representing Talentrix as connected with Brozify. 9. Mr. Yaman Joshi, learned Counsel for Respondent No.1 has entered appearance, As per office noting, learned Counsel for the Respondent has filed the vakalatnama which is under objection. Let the defects be cured and the vakalatnama be taken on record. Signed By:ANUBHAV TRIPATHI Signing Date:18.08.2026 16:43:32 Signature Not Verified O.M.P.(I) (COMM.) 290/2026 Page 4 of 5 10. List on 12.08.2026. 3. At this stage, both parties by consent waive their contractual and formal procedure under the Act for appointment of learned Sole Arbitrator. 4. In view of the parties’ mutual consent to refer the dispute forming the subject matter of the present proceedings to the arbitration, this Court considers it appropriate that the commencement of the arbitral proceedings should not be delayed. 5. Accordingly, in the interest of justice, Ms. Bihu Sharma, Advocate, (Mob. No. 9811055406) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within two weeks from today. 6. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within a week of entering reference. 7. The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 8. It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Signed By:ANUBHAV TRIPATHI Signing Date:18.08.2026 16:43:32 Signature Not Verified O.M.P.(I) (COMM.) 290/2026 Page 5 of 5 Arbitrator who shall decide the same in accordance with law. 9. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes with claims and counter claims independently and on their own merits, uninfluenced by any observations contained in the present order. 10. The Registry is directed to send a receipt of this order to Ms. Bihu Sharma, learned Arbitrator through all permissible modes including email. 11. Accordingly, the present petition filed under Section 9 of the Act shall stand treated as an application under Section 17 of the Act and same shall be considered and decided by the learned Sole Arbitrator upon entering into the reference. 12. Learned Arbitrator is requested to decide the application under Section 17 as expeditiously as possible. 13. Accordingly, the present petition stands disposed of in the aforesaid terms. OM PRAKASH SHUKLA, J AUGUST 12, 2026/at Signed By:ANUBHAV TRIPATHI Signing Date:18.08.2026 16:43:32