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I. P. MUKERJI, BISWAROOP CHOWDHURY
Hamida Khatoon – Appellant
Versus
Meraj Yusha – Respondent
JUDGMENT :
I.P. MUKERJI, J.
1. All these appeals involve identical questions of fact and law and are being disposed of by this common judgment and order.
2. Each of the appeals arises out of a judgment and order dated 22nd December, 2023 made by a learned single judge of this court in an application under Section 9 of the Arbitration and Conciliation Act, 1996. By this judgment and order a show cause notice dated 20th October, 2023 issued by a partnership firm to one of its partners, Meraj Yusha asking him to show cause why he should not be expelled and the decision on it by the firm dated 15th November, 2023 expelling him from the partnership was stayed for a period of six weeks from the date of the order or until any contrary or further order was passed by the arbitral tribunal, to be constituted. The arbitral tribunal in terms of this order was to be constituted within four weeks of its pronouncement. It has been constituted. The learned arbitrator has entered upon the reference.
3. The dispute concerns a partnership firm M/s Serajuddin & Company. It has two offices, one registered, at P-16, 72, Bentinck Street, Kolkata- 700001 and the other described as the head office at 19/A Abdu
Expulsion of a partner must adhere to the partnership agreement and principles of natural justice, requiring good faith and adequate opportunity for response.
Expulsion of a partner under the Indian Partnership Act requires adherence to good faith and natural justice; vague allegations and lack of opportunity to defend render expulsion unjustified.
Expulsion of a partner requires adherence to good faith and natural justice principles, including providing adequate opportunity for defense.
Only parties to an arbitration agreement can invoke relief under arbitration provisions, and retired partners lose their rights.
The central legal point established in the judgment is the requirement of mutual agreement for partnership dissolution and the significance of partnership deeds in determining the intention of the pa....
Expulsion of a partner is recognized as a mode of retirement resulting in a change in the constitution of a registered Firm, and the relevant provisions and rules provide for the procedure to report ....
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