PRAVINCHANDRA MURARJI SAVLA Vs. MEGHJI MURJI SHAH

JUDGEMENT

(1.) The petitioner is the original plaintiff and respondent No. 1A is the heir and legal representative of the original defendant. It appears that partnership business was carried on in the name and style of "Gandhidham Commercial Corporation" as per the terms and conditions stated in the partnership deed dated 1-4-1980 which is produced at Mark 45/1 and the deed of variance which was executed on the same day is marked as Mark 45/2. In the deed of variance simply shares in the profits and loss in the partnership business were varied while all other terms and conditions of partnership were maintained. Clause 19 of the partnership deed which is produced at Mark 45/1 reads as under :

(2.) It appears that thereafter the present petitioner-plaintiff Pravinchandra Murarji Savla retired from the partnership firm with effect from 31-3-1983 as per the deed of retirement. Approximately three months thereafter i.e., on 23rd June, 1983 one agreement or consent agreement was written down by both parties and copy thereof is produced at Mark 3/1. Said agreement, dated 23rd June, 1983 is written on the letter-head of one Chartered Accountant known as Padamshi Lalka Shah. The said letter written by the Chartered Accountant is produced at Mark 3/ 1 and same being in vernacular is reproduced in vernacular : The free English translation thereof is as under :

(3.) It appears that the decision of Padamshi Lalka Shah which produced at Mark 11/1, dated 13-10-1983 is the matter of present controversy between the parties. Against said decision/award, dated 13-10-1983 suit was filed in the Court on 15-12-1983 and in such proceedings affidavits were filed by either side.