RAM KISHAN DASS Vs. BANWARI LAL SURI

JUDGEMENT

(1.) In the year 1981, Sh. Ram Kishan Dass alongwith other plaintiffs filed a suit against Shri Banarsi Lal Suri and other defendants for winding up of the affairs/accounts of the partnership firm viz. 'Rachna Enterprises (India) Regd.'. It was stated that plaintiffs and defendants have been carrying on the business in partnership under the name and style of 'Rachna Enterprises (India) Regd. in terms of partnership deed dated 8.8.77. Sh. Mela Ram was one of the partners who unfortunately died and no fresh partnership deed was executed between the parties. According to the plaintiffs, the share of the partners are as follows: <FRM>JUDGEMENT_688_ILRDLH15_2006Html1.htm</FRM>

(2.) It was further averred in the plaint that the business cannot be carried forward with advantage to the partners and even earlier a suit No. 139/79 was filed in the High Court by the Suris in respect of partnership for reference of dispute to the arbitration, however, subsequently this was amended as suit for dissolution. The amendment was allowed and the parties prayed for a dissolution of the partnership. Parties prayed for winding up of the affairs of the partnership and for rendition of accounts. The suit was contested by the defendants. The partnership was ordered to be dissolved vide order dated 20.8.81. The Court further directed that parties have agreed to treat the dissolution w.e.f 1.12.80 and a preliminary decree for rendition of accounts was also passed. The parties were further directed to suggest the name of the Commissioner who was to look into the affairs of the partnership and the accounts.

(3.) After passing of the preliminary decree on 20.08.1981 which was even subsequently referred to and confirmed in the order dated 17th May, 1982, the parties have been taken various steps to wind up the affairs of the partnership. Mr. M.L. Jain who was appointed as a Commissioner has taken care of the partnership business and in accordance with the directions issued by the court from time to time has completed the steps required to be taken in that direction. Thereafter, the parties had agreed that there was no other way except to get the property freehold and then sell the same. Vide order dated 16.5.2005, it was recorded that the property need to be converted from leasehold to freehold and the possibility of inter se bidding between the parties was not possible and the only alternative was to sell the property by public auction (refer to order dated 11.1.2005). Vide order dated 2nd August, 2005 every partner was directed to bring a sum of Rs. 2 lacs per share. A sum of Rs. 8 lacs was handed over to the Local Commissioner to be deposited in the bank which was towards the disbursement of salary of the staff and maintenance of the property. Another sum of Rs. 32 lacs was also required to be deposited by the parties within ten days for taking the appropriate steps for getting the property freehold from leasehold. Finally on 7th September, 2005, the court passed the following consented order:-