MAYARANI CHATTERJEE Vs. GOURANGA LAL CHATTERJEE

JUDGEMENT

(1.) The judgment of the Court was as follows : The dispute in the present appeal relates to a partnership firm M/s. Gouranga Lal Chatterjee, which is admittedly under dissolution. This firm is primarily a family business engaged in construction work and at this stage the main concern of the appellants, who represent roughly 26 per cent interest in the firm, is to prevent what they allege, mis-utilisation of the funds of the firm. The respondents appear to be in effective control of the firm deny such allegations. There is some dispute as regards the date of constitution of the firm. The firm was originally constituted in the year 1996. The contention of the appellants is that it was reconstituted on 1.4.2000 and then the share of the appellants go up by about 4 per cent. But the respondents contention is that the said process of reconstitution was never complete and the firm is running in the same character as it was constituted in the year 1996.

(2.) Be that as it may, it is now the admitted position that the subject firm is under the process of dissolution in view of a letter for dissolution issued on behalf of the appellant No. 2 and by their solicitor T. Banerjee & Co. on 15th November, 2003.

(3.) Subsequent to issuance of such letter of dissolution it is alleged by the petitioner/respondents that the appellant No. 2 through his learned Advocate had caused a letter to be written to the main banker of the said firm communicating to them the said factum of dissolution. It is alleged by the respondents that acting in pursuance of the said letter the said Bank had not only stopped operation of the account of the said firm but also of the savings account of the appellants and their family members.