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2012 Supreme(MP) 963

S.K.SETH
Bharat Bhushan Bhargava – Appellant
Versus
Mohit Bhargava – Respondent


JUDGMENT :

This petition is directed against the Order dated 25-3-2011 passed by the 9th Additional District Judge, Indore in Execution Case 14A/2002-2003.Relevant facts leading to this petition are as under.

2.A registered partnership firm in the name and style of "Refrigeration Industries" was constituted.Petitioner and Late Shri Y.N.Bhargava-grandfather of respondent No.1 and others were partners in the firm.Late Shri Y.N.Bhargava was the Managing Partner of the firm.A notice for dissolution was issued by some of the partners to the grandfather of the respondent No.1.Ultimately, present petitioner filed a suit in the District Court of Gwalior for dissolution of the partnership firm and rendition of accounts.

3.On 27-4-1981 trial Court passed a preliminary decree declaring that the partnership firm stood dissolved and directed that the accounts be taken to settle mutual rights and liabilities.Receiver appointed during the suit was directed to continue till final decree was passed.A Chartered Accountant was also appointed as Commissioner to scrutinise the accounts of the firm.

4.After the preliminary decree was passed original judgment-debtor late Shri Y.N.Bhargava had executed a Will















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