NIRMALA SHAMJI CHHEDA Vs. JAGDISH LALJI DEDHIA

JUDGEMENT

(1.) DEFENDANT in a suit for dissolution of partnership and rendition of accounts, takes exception to an order appointing a receiver vis-a-vis the erstwhile partnership business.

(2.) DEFENDANT and plaintiff are sister and brother, respectively. Shop no. 9, Nayak Building, M. G. Road, Vile Parle, Bombay-400057 was chosen by the parties for the doing of partnership business in the name and style of "ms. Preeti General Stores". This was on 1-4-1982 and Exhibit 'a' is the document reciting the terms and conditions on which the business was to be done. Clause 13 recited that the goodwill of the business coupled with the tenancy rights of the premises would always be the defendant's property and that the plaintiff would have no right to the same. Parties were to share the net profits and losses in the proportion of 25% (defendant) and 75% (plaintiff ). On 4-6-1984, plaintiff gave a notice that he had been forbidden from entering the business premises and participating in the business as on 12-3-1984. The notice amongst other things contained the following recital :