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2007 Supreme(Bom) 15

D.Y.CHANDRACHUD, R.M.S.KHANDEPARKAR
RAMAVTAR SURAJMAL MODI – Appellant
Versus
BANARASIBAI MULCHAND MODI since deceased through her heirs and LRs. SHANTA LAXMANKUMAR AGARWAL – Respondent


ORAL JUDGMENT

DR. D. Y. CHANDRACHUD, J. :- This appeal arises out of an order passed by the Learned Single Judge on 29th November, 1996 in a suit for dissolution and accounts. By the order impugned before this Court the Learned Single Judge has appointed the Court Receiver as Receiver in-charge of the assets of the partnership.

2. The primary relief that has been sought in the suit is dissolution and accounts of a partnership constituted under a deed of partnership dated 17th May, 1980. There were five partners under the original deed of partnership. The case of the plaintiff, the First respondent before the Court in these proceedings is that the business of the partnership was primarily carried on by the first defendant, the appellant before us, who is the brother of her deceased husband. The business of the partnership was according to the plaintiff being looked after by the first defendant. The contention of the plaintiff is that some time in the year 1995 she obtained knowledge of the fact that the first defendant had purportedly relied upon a deed of partnership of 1992 under which the original partnership came to be. reconstituted by the addition of two partners and by the de



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