HARIS Vs. CHATHU

JUDGEMENT

(1.) Ext. P4, order dated 07.03.2013 on I.A. No. 478 of 2013 in O.S. No. 80 of 2011 of the Sub Court, Vadakara is under challenge. Petitioner and the respondent were running a saw mill in partnership under the name and style, "Unique Wood Industries" at Valliappilly. It is not very much in dispute that the partnership was at will. Difference of opinion arose between the parties as to the running of the partnership business, accounting, etc. Petitioner issued notice to the respondent who was acting as Managing Partner, on 23.12.2010 demanding dissolution of partnership and rendition of accounts. Respondent, by letter dated 12.01.2011 refusing to dissolve the partnership. Petitioner filed O.S. No. 80 of 2011 for a direction to the respondent to execute deed of dissolution of partnership and for other reliefs.

(2.) Respondent approached this Court with W.P. (C). No. 4054 of 2013, his grievance being that period of licence of the saw mill is expiring and hence he may be permitted to renew the licence. This Court passed Ext. P3, judgment allowing the respondent to move appropriate application in O.S. No. 80 of 2011. Accordingly, respondent filed I.A. No. 478 of 2013 requesting that he may be allowed to renew licence in the name of the partnership. That application, though resisted by petitioner was allowed as per Ext. P4, order.

(3.) Learned counsel for petitioner contends that learned Sub Judge failed to note from Ext. P1 that the partnership is at will and hence by notice dated 23.12.2010 and at any rate by, institution of the suit, that partnership stood dissolved and what remains is only rendition of accounts. Learned counsel has invited my attention to Ss. 43 and 53 of the Indian Partnership Act, 1932 (for short "the Act"). It is argued that in the above circumstances, learned Sub Judge was clearly in error in allowing the respondent to renew the licence in the name of partnership firm making petitioner also liable for the debt incurred by the respondent pursuant to the renewal of the licence or for any other act of his.