LAWS(BOM)-2009-4-137

UNIQUE EQUIPMENTS Vs. RAJESH KUMAR GOPINATH

Decided On April 29, 2009
UNIQUE EQUIPMENTS Appellant
V/S
RAJESH KUMAR GOPINATH Respondents

JUDGEMENT

(1.) RULE. By consent heard forthwith.

(2.) THE petitioner and the respondent were partners. The dispute between them commenced from 02. 02. 2009 when the petitioner went to the web site which showed that the respondent who was then his partner was carrying on the business of manufacturing goods of the partnership firm. The petitioner has sought restraint upon such manufacture. The petitioner issued legal notice on 04. 02. 2009 restraining the respondent from carrying on such manufacture.

(3.) THE respondent issued notice of dissolution under section 43 (b) of the Indian Partnership Act on 11. 02. 2009. The petitioner received the notice on 14. 02. 2009. The partnership firm stood dissolved on 14. 02. 2009. Prior to the notice of dissolution, the respondent filed petition under Section 9 of the Arbitration Act for ex-parte ad-interim injunction restraining manufacture of the same goods by the respondent who was then the partner of the firm which was then a going concern.