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2024 Supreme(Cal) 1207

SABYASACHI BHATTACHARYYA
Prashant Mohta – Appellant
Versus
Manoj Kumar Bothra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anirban Ray, Mr. Debangshu Dinda, Mr. Snehal Kakrania, Ms. Nikita Khaitan.
For the Respondents: Mr. Sarvapriya Mukherjee, Mr. Shoham Sanyal, Mr. Kunal Saraogi.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The petitioner was one of the partners, along with the respondent nos.1 and 2, in the respondent no. 3-partnership firm, Ultra Carbon Industries, till he executed a Deed of Retirement on September 17, 2022. The firm is a registered partnership firm running a business of manufacturing carbon brushes, carbon components and silver impregnated graphite contact for railway signalling relays, etc.

2. Subsequently a dispute having arisen between the parties regarding the alleged dues of the petitioner from the partnership firm, the petitioner invoked the arbitration clause in the Retirement Deed and appointed an Arbitrator. Thereafter the petitioner filed his statement of claim, thereby alleging manipulation of accounts by the respondents and claiming his alleged dues to the tune of Rs.74,78,622.78 p. and his share of goodwill of the firm as on September 16, 2022, in the alternative seeking an enquiry into the accounts of the firm between April 1, 2022 and September 16, 2022 by appointment of a surveyor and/or independent auditor and also to carry out the formalities in terms of the Deed of Retirement, along with consequential reliefs.

3. The respond

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