SURAJMULL NAGARMULL Vs. SHEW BHAGWAN JALAN

JUDGEMENT

(1.) This suit is an offshoot of the disputes amongst the partners of the well -known firm of Surajmull Nagarmull. Surajmull Nagarmull has been a partnership firm of repute and has been carrying on business on a very extensive scale. The members of the firm Surajmull Nagarmull have been controlling various companies and the firm of Surajmull Nagarmull had acted as Managing Agents of very many of the companies which were promoted by the said firm or the members thereof. It is unfortunate, though not uncommon, that disputes have arisen amongst the members of the said firm.

(2.) Deokinandan Jalan is one of the partners of the firm of Surajmull Nagarmull. He is also one of the Directors of Howrah Trading Company Pvt. Ltd. This suit is essentially a suit by Deokinandan Jalan. Originally there were four Plaintiffs in the suit, the first Plaintiff being Asiatic Oxygen and Acetylene Company Ltd. The other Plaintiffs were Surajmull Nagarmull, Howrah Trading Company Pvt. Ltd. and Deokinandan Jalan. On behalf of Asiatic Oxygen and Acetylene Company Ltd., which was originally the Plaintiff No. 1, the plaint was signed by Deokinandan Jalan as partner of Surajmull Nagarmull, the Managing Agents of Asiatic Oxygen and Acetylene Company Ltd. Subsequently by an order made, the name of Asiatic Oxygen and Acetylene Company Ltd. was deleted from the category of the Plaintiffs and the said company was transposed to the category of the Defendants. The firm of Surajmull Nagarmull, which was originally the Plaintiff No. 2, has now become the first Plaintiff in the suit. Howrah Trading Company Pvt. Ltd. is now the second Plaintiff and Deokinandan Jalan, who happens to be the real Plaintiff, is the third and the last of the Plaintiffs. On behalf of Surajmull Nagarmull, now the first Plaintiff in the suit, the plaint has been signed by Deokinandan Jalan as partner of the said firm. On behalf of Howrah Trading Co. Pvt. Ltd. the plaint has been signed also by Deokinandan Jalan as Director of the said company.

(3.) There were originally twelve Defendants in the suit of which four were companies, viz., the Defendant No. 4 Asiatic Oxygen Ltd., the Defendant No. 10 Coochbehar Trading Company Pvt. Ltd., the Defendant No. 11 Orient Trading Company Ltd. and the Defendant No. 12 Raigarh Trading Company Ltd. Of the other eight Defendants who were individuals, some happen to be members of the firm of Surajmull Nagarmull. Nandkisore Jalan, the original Defendant No. 8 who was a partner of the firm of Surajmull Nagarmull, died during the pendency of this suit, and the heirs and legal representatives of the said Nandkisore Jalan have been brought on record. As a result of the order striking out the name of Asiatic Oxygen and Acetylene Company Ltd. from the category of the Plaintiffs and transposing the said company to the category of the Defendant Asiatic Oxygen and Acetylene Company Ltd. is now one of the Defendants in the suit and is the Defendant No. 13 hereunder. The said company is one of the main contenders in the present action. All the Defendants excepting the Defendant No. 12 Raigarh Trading Company Ltd., which has not appeared at the trial, are contesting the present suit.