AVISHEK KUMAR SINGH Vs. PRAVEEN SINGH & ORS.

JUDGEMENT

(1.) The plaintiff instituted the present suit for recovery of Rs.1,34,09,700/ - jointly and severally from Praveen Singh, Sanjay Kumar Singh and Indian Oil Corporation Ltd. (IOC) impleaded as defendants no.1 to 3 pleading i) that the defendant no.1 Praveen Singh introduced himself as the owner of the petrol pump under the name and style of Shivan Auto Centre near Mayur Vihar Phase -II, Delhi, close to the residence of the plaintiff and asked the plaintiff to join in the said business as the existing partner of the defendant no.1 was retiring and the defendant no.1 was finding it difficult to manage the business on his own; ii) the defendant no.1 Praveen Singh informed the plaintiff that the outgoing partner had 49% share in the partnership and the defendant no.1 Praveen Singh had to pay an amount of Rs.3.75 crores to the outgoing / retiring partner and the plaintiff, by bringing capital in the said amount could be inducted as a partner in the said business of Shivan Auto Centre; iii) however the defendant no.1 while executing the partnership deed dated 23rd December, 2010 described himself therein as the Manager of the petrol pump, representing that as the land underneath the petrol pump belonged to defendant no.3 IOC and he was only the lessee and dealer, the defendant no.3 IOC permitted the defendant no.1 Praveen Singh to describe himself as Manager only; iv) that the plaintiff was persuaded to so enter into the partnership as the officials of the defendant no.3 IOC also during their visits to the petrol pump dealt with the defendant no.1 Praveen Singh as dealer of the petrol pump; v) that the defendant no.1 Praveen Singh also introduced the plaintiff to defendant no.2 Sanjay Kumar Singh as his brother; vi) that the plaintiff paid a sum of Rs.52 lacs to the defendant no.1 prior to singing partnership agreement dated 23rd December, 2010 and the receipt thereof was acknowledged by the defendant no.1 Praveen Singh in the partnership agreement itself and thereafter paid a further sum of Rs.31.50 lacs to the defendant no.1 Praveen Singh making a total payment of Rs.83.50 lacs; vii) that in accordance with the partnership agreement, the plaintiff also started participating in the business of Shivan Auto Centre; viii) however much later, the plaintiff learnt that it was the defendant no.2 Sanjay Kumar Singh who was the dealer of the defendant no.3 IOC and the owner of the petrol pump but the defendant no.2 Sanjay Kumar Singh had executed a power of attorney in favour of defendant no.1 Praveen Singh to do all acts, deeds and things with respect to the said business and acting under which authority the defendant no.1 Praveen Singh only was signing all invoices, cheques, correspondences etc. relating to the said business; and, ix) however the plaintiff was not paid any share of profits and for which reasons, the plaintiff stopped making further contributions to the capital of the partnership. The plaintiff has thus filed this suit for recovery of Rs.83.50 lacs with interest at 15% per annum from the date of payment till the date of filing of the suit i.e. for a total sum of Rs.1,34,09,700/ -

(2.) The suit was entertained. The defendants no.1 and 2 Praveen Singh and Sanjay Kumar Singh have contested the suit by filing a joint written statement pleading

(3.) Though the plaintiff filed replication to the written statement of defendants no.1&2 and the defendant no.3 IOC also filed a written statement and to which also the plaintiff filed replication but the need to refer thereto is not felt.