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MOUSHUMI BHATTACHARYA
Meraj Yusha – Appellant
Versus
Hamida Khatoon – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The petitioner prays for interim protection against a show cause notice dated 20.10.2023 and a notice of expulsion dated 15.11.2023. The petitioner is one of 5 partners in a prosperous partnership firm which carries on business by the name of M/s Serajuddin & Co.
2. The petitioner Meraj Yusha is supported by the 3rd respondent, Sarosh Yazdani. The other 3 respondents namely Hamida Khatoon, Mohammad Intekhab Alam and Seraj Yusha are opposed to the petitioner (and Sarosh) and issued the impugned notices.
3. The Court refused to grant interim protection on 30.11.2023 primarily on the ground that the complete facts were not before the Court. The order records that the reasons for the impugned show cause notice and the letter of expulsion should first be considered before any interim relief is granted to the petitioner. The parties filed their respective affidavits and the matter was considered threadbare thereafter.
4. The decision which follows now is on the complete set of facts disclosed by the parties. The Court proposes to deal with the individual allegations raised in the impugned show cause notice since that is the starting-point of the challen
Expulsion of a partner requires adherence to good faith and natural justice principles, including providing adequate opportunity for defense.
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 must adhere to the partnership agreement and principles of natural justice, requiring good faith and adequate opportunity for response.
Writ petitions can challenge notices issued with predetermined outcomes, emphasizing the need for fair inquiry and consideration of responses before adverse actions.
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