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2014 Supreme(Ker) 44

S.S.SATHEESACHANDRAN
T. P. Muraleedharan – Appellant
Versus
M. Ibrahimkutty – Respondent


Advocates Appeared:
For the Appellants:Alice Thomas, T.B. Thankappan, Advocates.
For the Respondents:R1, R2, K. Narayanan (Parur), K. Deepak Joy, R5 - R8, Elizabeth Mathai Idiculla, Mohan Idiculla Abraham, Martin D. Alumkara, Rachel P. Mathew, Pushpy B. Muricken, Advocates.

Judgment :

1. Appeal is directed against the preliminary decree and judgment in O.S.311/1995 passed by the learned First Additional Sub Judge, Ernakulam. Defendants 1 and 6 in the suit are the appellants.

2. Suit was one for dissolution of a partnership firm, settlement of accounts and other reliefs. After trial a preliminary decree was passed dissolving the partnership and directing the defendants to render accounts. Defendants were also restrained from alienating or encumbering the assets of the firm. That decree is assailed by appellants filing this appeal.

3. Short facts necessary for disposal of the appeal can be summed up thus:- A firm by name Lotus Constructions, dissolution of which was sought for by plaintiffs, was constituted under the original of Ext.A1 deed and it consisted of plaintiffs, two in number, and defendants 1 to 5 as partners. That partnership is one at will and it was constituted for doing business in real estate and construction. First defendant was managing partner of the firm and he was empowered to open and operate bank accounts on behalf of the firm. He was liable to maintain accounts of the firm, but, he mismanaged the affairs and misappropriated the fund





















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