NEELAM KUMAR NANDA Vs. SATISH KUMAR NANDA

JUDGEMENT

(1.) This is a suit for dissolution of the partnership and rendition of accounts. The case is that plaintiff and defendant have been carrying on business in radio and electronics under the firm name of M/s. Vijay Radio Corporation in partnership as per terms of the partnership deed dated 1-4-1992, that the defendant has been misutilising the proceeds, benefits and the properties of the partnership firm to his own benefit and to the exclusion and determent of the plaintiff; accounts are not being rendered and the share of the plaintiff in the business has also not been given by the defendant; plaintiff has several times requested the defendant to dissolve the partnership firm, and render true and correct accounts. A notice dated 24-4-1996 was also sent to the defendant requiring him to appoint an Arbitrator to adjudicate upon the disputes between the parties as provided in the partnership deed but that also has not been complied with; that the partnership business cannot be carried on; it is just, expedient and equitable that the partnership is dissolved and the business wound up. The plaintiff has also alleged that several complaints have been filed due to various threats extended by the defendant to him and to his family.

(2.) The defendant in the written statement has admitted that partnership business has been carried vide partnership deed dated 1-4-1992; when plaintiff had gone to Bangalore the defendant has been managing the business and regular books of accounts were maintained during his absence and now plaintiff is in control of the business, in possession of the business premises, has refused the defendant to participate in the business and to render its accounts and is misappropriating the assets of the partnership. The defendant is not liable to render any accounts or to pay anything; plaintiff has to render the accounts and to pay the defendant the amount due to him, rendition of accounts. Receipt of notice dated 24-4-1996 has been admitted. He also desires that the partnership be dissolved w.e.f. 24-4-1996 when the notice was given by the plaintiff.

(3.) Defendant has also filed several applications being I.A. 11247/97 under Order 39, Rules 1 and 2 and Order 40, Rule 1 seeking that business premises No. 296, Old Lajpat Rai Market, Delhi which are in the possession of the plaintiff and the assests be taken into possession by a Receiver; I.A. 11248/97 under Order 12, Rule 6, Civil Procedure Code and IA No. 2463/98 seeking a decree of dissolution may be passed by a preliminary decree in terms of Order 20, Rule 15, CPC. Now, another application being I.A. 4575/98 has been filed under Order 40, Rule 1 and Order 39, Rule 7. Civil Procedure Code for appointment of Receiver and to take possession of the stocks and trade and to seal the premises.