ORDER :

1. This appeal arises from a judgment dated 31 March 2021 of a Single Judge of the High Court of Gujarat.

2. On 10 October 2010, the appellant and the first respondent entered into a deed of partnership under which a firm by the name of Calla Associates was constituted. The share of the first respondent in the profit/loss is alleged to be 55 per cent while the share of the appellant, 45 per cent. On 21 June 2017, a document Digitally signed by styled as “sammati-lekh” was allegedly entered into by the appellant consenting to the execution of a sale deed in favour of a third party and the appellant agreed not to make any claim in the amount of Rs. 3.89 crores from his capital investment.

3. On 23 August 2017, an addendum to the “sammati-lekh” is alleged to have been executed in terms of which certain amounts were to be adjusted and an amount of Rs. 5.03 crores was to be paid by the first respondent to the appellant. It has been alleged that under the terms of the addendum, a sale deed of certain land situated at Mouje Samiyala was to be executed in favour of the appellant.

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