CRYSTAL TRANSPORT PRIVATE LIMITED Vs. A FATHIMA FAREEDUNISA

JUDGEMENT

(1.) These two appeals are against common judgment and order of the High Court of Judicature at Madras(High Court) dtd. 19/11/2019 passed in First Appeal No.328 of 2005 and Cross Objection No.10 of 2012 preferred against a final decree passed by the Court of II Additional District Judge, Pondicherry in I.A. No.33 of 1995 arising out of Original Suit No.286 of 1978 instituted by the first respondent, inter alia, for dissolution of a partnership firm.

(2.) The first respondent (i.e., the original plaintiff) instituted Suit No.286 of 1978 inter alia for: (a) dissolution, settlement of accounts and distribution of shares of a partnership firm, namely, Crystal Transport Service (for short the firm); (b) appointment of receiver to take charge of the management and assets of the firm till it is wound up; and (c) restraining the defendants from recovering, receiving or disposing of the property and effects of the firm.

(3.) The plaint case, inter alia, was that - the firm was constituted in 1972-73 with four partners (i.e., the original plaintiff and defendants 1 to 3) each having onefourth share; the partnership was at will; in 1978, without the consent of the plaintiff, defendants 1 to 3 diverted funds of the firm to a private limited company (defendant no.4 - appellant no.1 herein); and when the plaintiff demanded accounts from defendants 1 to 3, they refused. Hence, the suit.