AJIT SINGH MALHI Vs. BRIG. GURINDERJIT SINGH

JUDGEMENT

(1.) This order will dispose of RSA Nos. 5149 and 5150 of 2019 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from RSA No. 5149 of 2019.

(2.) Challenge in the present appeal has been directed against final decree dtd. 18/5/2009 passed in pursuance of preliminary decree dtd. 4/11/2003 by the Civil Judge (Junior Division), Chandigarh (hereinafter referred to as the "trial court") that came to be affirmed in appeal by the Additional District Judge, Chandigarh whereby the respondent-plaintiff is held entitle to Rs.21,40,000.00 with interest @ 9% per annum from the date of filing the application till realization on the basis of rendition of accounts in view of report prepared by Sh. K.B. Sood, Chartered Accountant appointed as local commission, on investigation of books of accounts of Ms. Sanchi Detectives.

(3.) Counsel for the appellant has assailed the impugned judgments primarily on two counts. It is argued that the appellant submitted documents to M/s K.B.Sood and Associates, Chartered Accountants and the same finds reference to letter dtd. 29/9/2005 Annexure A-1 (Colly) available on the records of trial court. A letter dtd. 23/2/1991 written by respondent to the appellant is also a part of Annexure A-1 (Colly) at pages 291 to 301. It is argued that in the said letter, in para (e), the respondent had admitted that Sanchi Security Company has been in operation for three years and it still needs pumping in money which means that they are running into losses continuously. According to counsel, contents of aforesaid letter amounts to admission of the respondent that Sanchi Security Company was running in losses, therefore, report prepared by the commission that there were profits earned by the partnership firm and entitlement of the respondent to more than Rs.21.00 lakh on the basis whereof the final decree has been passed can not be allowed to sustain.