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2017 Supreme(Guj) 1108

R.SUBHASH REDDY, VIPUL M.PANCHOLI
Neeraj Kumarpal Shah – Appellant
Versus
C2R Projects LLP – Respondent


Advocates Appeared:
For the Appellants : Mr. S.N. Soparkar, Ms. Archana R. Acharya and Mr. Parthiv B. Shah.
For the Respondents: Mr. Kamal B. Trivedi, Mr. Parth Contractor, Mr. Kartik Yadav, Mr. Siddharth Dave and Mr. Devang Vyas.

JUDGMENT :

VIPUL M. PANCHOLI, J.

1. Both these appeals are filed under Clause 15 of Letters Patent against an oral judgment dated 03.10.2017 passed by the learned Single Judge in Special Civil Application No. 10393 of 2017, by which, the learned Single Judge has allowed the petition filed by the present respondent Nos. 1 and 2 - original petitioners.

2. Letters Patent Appeal No. 1855 of 2017 has been filed by the original respondent No. 2, whereas Letters Patent Appeal No. 1857 of 2017 has been filed by original respondent no. 3. As the issue involved in both these appeals is similar and with the consent of learned advocates appearing for the parties, both the appeals are heard together and being disposed of finally by this common judgment.

3. The factual matrix of the case are as under:

4. The original petitioner No. 1 came to be incorporated on 10.02.2015 as Limited Liability Partnership Firm (hereinafter referred to as the LLP for the sake of convenience). At the time of incorporation three partners were having following capital contributions and profit sharing ratio:-

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