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2014 Supreme(Bom) 1649

R.D.DHANUKA
Minochar @ Minoo Aspandyar Irani – Appellant
Versus
Deenyar Sheriar Jehani – Respondent


Advocate Appeared:
For the Petitioner:Virag Tulzapurkar, Senior Advocate, a/w. Sandeep Parekh, i/b. P.J. Ramchandani, Advocates.
For the Respondents:R1 to R5, D.D. Madon, Senior Advocate, Sarosh Bharucha, Maneck Mulla, Lara Jasani, i/b. M. Mulla & Associates, Advocates.

Judgment

1. By this petition filed under section 9 of the Arbitration and Conciliation Act, 1996 the petitioner seeks appointment of Court Receiver of the business and assets of the firm of M/s. Leopold Cafe and Stores, 'Cafe New York', 'Cafe Universal', 'Coffee House', ' Leostouch' and 'Leo's Boulangerie' including their bank accounts, licences, trade marks etc. and seeks other interim measures. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. Sometimes in the year 1975 the petitioner was admitted as a partner in the firm known as M/s. Leopold Cafe and Stores (hereinafter referred to as the suit firm). Respondent nos. 1 to 5 were subsequently introduced to the said firm by the petitioner as partners. The respondent no.6 then a minor was also admitted as a partner by the petitioner. Respondent no.6 became major on 30th September 1997 and continued as a partner of the suit firm. Duration of the suit firm is at Will under the partnership deed. Clause 7 of the deed provides that each partners shall have free access to the books of accounts at all times and shall be at liberty to make such extracts therefrom as may be thought fit by himself or his a



























































































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