SALAMTE Vs. BHARAT ENGINEERING WORKS

JUDGEMENT

(1.) THIS is an appeal directed by the plaintiff/appellant against the judgment and decree dated 21.09.2013 passed by Shri B. B. S. Teji, Additional District Judge, Sangrur, vide which the appeal preferred by the plaintiff/appellant against the judgment and decree dated 12.08.2010 passed by Ms. Pushpa Rani, Civil Judge (Junior Division), Maler Kotla, was dismissed. Briefly stated, the case of plaintiff is that the parties to the suit were carrying on the business of manufacturing and supply alloys, brass and gun metal etc. under the name and style of M/s Bharat Engineering Works at Maler Kotla and a regular partnership deed was executed between them on 13.04.1982.

(2.) THE plaintiff is a house hold lady and is a sleeping partner in the partnership concern, whereas defendants No.2 to 4 are the active partners. The defendants committed various breaches of agreements of partnership and have fabricated false documents. They have removed the account books from its ordinary place of business and the same was not available for inspection. The defendants have alienated the substantial part of the machinery without the consent of plaintiff and there is possibility of elimination of the partnership business and as such, necessary suit for dissolution of partnership deed and injunction has been filed.

(3.) UPON put to notice, defendants No.1, 3 and 4 admitted that plaintiff and defendants No.2 to 4 started the business of manufacturing and supplying the alloys etc under the name and style of M/s Bharat Engineering Works and a partnership deed dated 13.04.1982 was executed in this regard. It is further pleaded that with the consent of all the partners of the firm, some terms of the partnership deed were changed and new partnership deed was executed on 01.04.1992. The plaintiff voluntarily desired to resign from the partnership business and consequently on 31.03.1995, the account books were closed with the consent of all the partners and final settlement was prepared and dissolution deed was executed on 01.04.1995. Then one Kesari Dass retired in the year 1999. The plaintiff remained partner till 1995 and retired voluntarily and she has no right, title or interest in the business and the suit has been filed with mala fide intention.