SAJID PASHA Vs. ABDUNNASIR. P

JUDGEMENT

(1.) Under the name and style "M/s.Roofs and Shades", applicants and respondents 1 and 2 formed a partnership firm with equal partnership. The partnership deed was executed on 5/2/2005. A copy of the same has been produced as Annexure-A1. The 1st respondent was the Managing Partner. According to the applicants, he along with the 2nd respondenthis wife, was managing the day-to-day affairs of the firm. Accounts were settled and profit was divided till the financial year 2010-11.

(2.) Later, another partnership deed was executed between the applicants and respondents 1 and 2 on 6/4/2011 with the name of the partnership as "M/s.Roofs and Shades Structural Solutions". According to the applicants, the business of "Roofs and Shades" was carried over and continued by "Roofs and Shades Structural Solutions". Management of the firm continued with the respondents 1 and 2.

(3.) It is alleged that in October 2019, the 1st applicant demanded the respondents 1 and 2 to provide the books of accounts for verification and for settlement of accounts for the year 2011 and also for sharing the profits from 2011 to 2019. However, respondents 1 and 2 did not provide the books of accounts. On 4/5/2020, there was a joint meeting of the partners at the residence of respondents 1 and 2 and consensus was arrived at regarding settling of accounts and management of the firm. Nevertheless, the commitments made in the meetings were not discharged by the respondents 1 and 2. It is also claimed that the respondents 1 and 2 had agreed to induct the 1st applicant as the managing partner.