SHARYAU ARMANDO PEREIRA Vs. VISHNU YESHWANT SAWANT

JUDGEMENT

(1.) This Civil Revision is directed against an order dated 13-7-1978 passed by the Civil Judge, Senior Division, Panaji, in Civil Suit No. 198/76 brought by the respondents for dissolution of partnership, and for rendition of accounts of a hotel business. Pending disposal of the suit, the plaintiffs moved the Court for a temporary injunction restraining the defendants from in any manner conducting the business of the partnership or whatever business in the restaurant premises of the hotel Silpa and also from removing any materials, articles, etc., and also for appointment of a receiver with powers to make inventory of the goods, articles lying in the hotel Silpa, etc.

(2.) The Court by its order dated 25-9-1976 was pleased to appoint Shri Jairam Dhond as receiver to take into possession all the articles, materials, etc. etc. The receiver executed the order of the Court that very evening. On 5-10-1976, the defendants filed an application to vacate the injunction issued under O.39(A) as well as removal of the receiver appointed under O.40 of C.P.C. On 17th January, 1977, another application was moved (Ext.15) to call upon the receiver to bring back the articles that he had made over to one of the partners and to do certain repair works, etc. Both the petitions having been rejected, the defendants have now come in this Civil Revision.

(3.) The first point taken is that the partnership being one at will there was no notice earlier to the filing of the suit and as such there is no dissolution of the firm. So no receiver could have been appointed. Section 43 of the Indian Partnership Act which deals with dissolution by notice of partnership at will, reads as under :-