MONOJIT DAS Vs. SUJIT ROY CHOWDHURY

JUDGEMENT

(1.) A deed of partnership was executed on 13th March, 2014. It was between the petitioner and the respondent nos. 1 and 2. It was deemed to have commenced from 10th March, 2014. These parties would carry on business through a partnership firm M/s. Shikha Enclave having its office at Uttar Bakshara, P.S.-Jagacha, District-Howrah.

(2.) In Clause-2 of this deed, the partnership was described as one at will, although in Clause-29, which is contradictory, it was stated that it could be "dissolved" by a deed of dissolution. The death or retirement of any partner would not have the effect of dissolving the firm. The partnership would be continued by the surviving partners. Each of the partners, would bring in Rs. 6,00000/- as capital. The nature of business to be carried on by the partnership was development of land and building and to act as architect, designer, contractor etc.

(3.) Now, it appears from the averments made in the petition that one of the first ventures into which the partnership firm entered into was development of a piece of land measuring 5 cottahs situated at mouza Uttar Bakshara within the jurisdiction of Jagacha P.S. under Howrah Municipal Corporation belonging to the respondent no. 2. On 21st March, 2014 a development agreement was executed between the respondent no. 2 and the partnership firm, whereunder the respondent no. 2 empowered M/s Shikha Enclave to build a multi-storied building on the said plot of land. A power attorney was executed by the respondent no. 2 in favour of the petitioner and the respondent no. 1 in connection with the development work.