TALAKCHAND KANJI VORA Vs. KESHAVLAL DULLABAJJI SHETH

JUDGEMENT

(1.) This is a petition by one partner Talakchand Kanji Vora (hereinafter referred to as "Kanji Vora") against another partner Keshavlal DulIabhji Sheth (hereinafter referred to as 'Sheth') for injunction and for appointment of receiver, Kanji Vora and Sheth entered into an agreement to carry on business in co-partnership under the name and style of "The Western Trading Corporation" or "Western Trading Corporation" (hereinafter referred to as the said "firm"). The business carried on by the firm was in sundry goods, inter alia, as importers at 55, Canning Street. Calcutta. The partnership deed is annexure 'A' to the present petition,

(2.) On March 22, 1954, the partnership agreement was modified by a Deed. Vora and Sheth carried on the said business in co-partnership and on March 17. 1971 Vora gave a written notice to Sheth under Section 43 of the Indian Partnership Act dissolving the firm with effect from April 16, 1971.

(3.) This suit was filed on March 22, 1972, that is after a year of the said notice of dissolution. After filing the suit, on March 25. 1972 this petition has been filed by Kani Vora. In the petition Kanji Vora is praying that order may be passed for injunction restraining the Sheth from carrying on the business or using the firm name or partnership properties or quota certificates or quota licence or acting or giving effect to any letter of authority issued in favour of third parties or letter of credit issued under the said quota certificate or quota licence or dealing in any manner with the partnership properties, assets, funds, moneys goodwill, quota certificates and/or quota licences belonging to the said firm and/or issued in the name of the said firm. Kani Vora is also praying, inter alia, for an order of injunction restraining Sheth from dealing with and/ or disposing of and/or selling and/or encumbering the partnership properties, moneys, assets, goodwill, quota certificates end quota licences. Kanji Vora is further praying that receiver may be appointed over the partnership properties, amount lying in the account of the said firm with National City Bank, Brabourne Road. Calcutta and in respect of quota certificate, licences, letters of authority letters of credit books of accounts and documents and for directions on the receiver to collect and realise partnership properties, moneys, quota certificates, quota licences etc.