KAMLA DEVI Vs. PRABHAT CHAND

JUDGEMENT

(1.) This is an appeal against the Judgment of the learned Single Judge dated 8.10.1995 in I.A. 338/95 in Suit NO. 635-A/84. The suit was one filed under Section 20 of the Arbitration Act. It was filed by the 1st respondent, Mr. Prabhat Chand.

(2.) Prabhat Chand (plaintiff-1st respondent), Smt. Kamla Devi (1st defendant) and Miss Manju Aggarwal (3rd defendant) were partners of M/s S.C.S. Publishers Distributors, under a deed dated 1.3.1977, having equal shares. It appears that the plaintiff, after serving notices dated 24.5.1983 and 11.9.1983, offered to retire from the firm and also sent reply notice dated 23.9.1983 on the defendants calling upon them to finalise the accounts and render the same to the plaintiff and pay his dues from the assets, goodwill and profits. On failure by the defendant, the plaintiff moved an application under Section 20 of the Arbitration Act. According to the plaintiff, his share in the assets and goodwill was Rs. 2.50 lakhs plus interest.

(3.) There were certain orders of temporary injunction in I.A. 2005/84 against the defendants and a Local Commissioner was appointed to conduct inventory. Later in I.A. 2121/84 a Receiver was appointed to take possession of all the account books and for locking up the shop. Police aid was granted. Books of account were, it is stated, not produced before the Receiver.