SUJAN SURESH SAWANT Vs. KAMLAKANT SHANTARAM DESA

JUDGEMENT

(1.) THIS appeal arises from a suit filed by appellant-Mrs. Sujan Suresh Sawant (the plaintiff for short) against the respondent Dr. Kamlakant Shantaram Desai (the defendant for short), to seek dissolution and accounts of the partnership firm run under the name and style, Dr. Desais Late Dr. Navalkar Memorial Maternity and General Hospital, Dadar, Mumbai. Summary of the facts giving rise to the present litigation is as follows:

(2.) ONE Dr. V.N. Navalkar during his life time was running his own Nursing and Maternity hospital known as Radhabai Nursing Home in the building known as Nana Nivas 813 183AB, Baburao Parulekar Marg, Off Gokhale Road (South), Dadar, Bombay-28.

(3.) SHRI Sitaram Navalkar, being a retired person, not acquainted with the discipline of medicine, had no experience of running hospital and maternity home. He, therefore, in order to perpetuate the memory of his brother late Dr. V.N. Navalkar, entered into agreement with one Shri (Dr.) Kamlakant Desai on mutually settled terms and conditions. He, under the agreement handed over running hospital to De. Desai. He thus, permitted Dr. Desai to run and manage the hospital in question. The terms and conditions thereof which were settled between the parties were reduced to writing in the form of agreement styled as Conducting Agreement dated 20th December, 1976.