LAWS(CAL)-1992-6-16

MOHAMMAD HASSEN HASHMI Vs. KABERI ROY

Decided On June 03, 1992
HASSEN HASHMI Appellant
V/S
KABERI ROY Respondents

JUDGEMENT

(1.) This is an appeal from the Judgment and Order of the learned Interlocutory Judge whereby the plaintiff's application for amendment of the plaint was allowed. The suit as originally instituted by the plaintiff against the defendants, was inter alia, for declaration that the business of M/s. Tagore Park Apartments of 587/16, Dr. R. N. Tagore Road Tagore Park, Calcutta-700056, stood dissolved on and from November 13, 1989; winding up of the partnership business carried on under the name and style of M/s. Tagore Park Apartments at No. 587/18, Dr. R. N. Tagore Road, Tagore Park Calcutta-700056; accounts and enquiries; injunction restraining the defendants and each of them whether by themselves, their servants, agents, assigns or otherwise howsoever from acting in terms of or pursuant to or in furtherance of the said partnership agreement in any manner whatsoever; Receiver; injunction ; attachment; costs etc. After the suit was instituted the plaintiff made an application, inter alia, for appointment of Receiver and for injunction and various orders were passed on the said application from time to time. The suit was instituted sometime prior to July 5, 1991 and pursuant to the said interlocutory application made by the plaintiff, an order was passed by the interlocutory court on July 5, 1991. On the said date, learned Counsel appearing on behalf of the defendants, gave assurance on behalf of the defendants that the defendants would not operate the bank account of the partnership firm in the United Bank of India and would not incur any other liability on account of the partnership firm.

(2.) One of the allegations contained in the plaint as originally filed, was as follows :-

(3.) The plaintiff had also alleged in the plaint as originally filed that the business of the partnership was that of promoters and/or developers and/or building contractors under the name and style of 'Tagore Park Apartments' which was carried on, inter alia, at 5, Tagore Park Road (formerly No. 587/18, Dr. R. N. Tagore Road), Tagore Park, Calcutta-700056. From the aforesaid allegations, it will appear that the case of the plaintiff was that the partnership firm since 1985 had undertaken three projects and/or construction of three buildings in Tagore Park area.