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2017 Supreme(Cal) 854

I.P.MUKERJI
Monojit Das – Appellant
Versus
Sujit Roy Chowdhury – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mukul Lahiri, Mr. Prasenjit Burman, Mrs. Puja Beriwal, Mr. Susovan Dey
For the Respondents: Mr. Sharanya Chatterjee, Mr. Aniruddha Bhattacharjee

JUDGMENT :

I.P. MUKERJI, J.

1. A deed of partnership was executed on 13th March, 2014. It was between the petitioner and the respondent nos. 1 and 2. It was deemed to have commenced from 10th March, 2014. These parties would carry on business through a partnership firm M/s. Shikha Enclave having its office at Uttar Bakshara, P.S.-Jagacha, District-Howrah.

2. In Clause-2 of this deed, the partnership was described as one at will, although in Clause-29, which is contradictory, it was stated that it could be “dissolved” by a deed of dissolution. The death or retirement of any partner would not have the effect of dissolving the firm. The partnership would be continued by the surviving partners. Each of the partners, would bring in Rs. 6,00000/- as capital. The nature of business to be carried on by the partnership was development of land and building and to act as architect, designer, contractor etc.

3. Now, it appears from the averments made in the petition that one of the first ventures into which the partnership firm entered into was development of a piece of land measuring 5 cottahs situated at mouza Uttar Bakshara within the jurisdiction of Jagacha P.S. under Howrah Municipal Corporat
























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