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VIMLA YADAV
Kalpesh Kantilal Dedhia – Appellant
Versus
Altius Developers (P. ) Ltd. – Respondent


Advocates Appeared:
Kaanan Kapur, Y.K. Kapur,P.N. Ganwani, Sharan Jagatiani, Atul Rajadhyaksha, Mayur Khandeparkar, Kirtida Chandarana, Mahernosh Humranwala

ORDER

1. In this order I am considering Company Petition No.33 of 2010 filed by the Petitioners alleging certain acts of oppression and mismanagement in the affairs of the R-I Company in collusion with the other respondents arrayed as parties in this matter. Initially in this Petition there were 14 Respondents. R-15 had consented to be arrayed as a party in this Company petition as recorded in CLB's order dated 5th July, 2011, in Petitioners' CA No.65 of 2011 for implement of R-15.

2. The R-I Company namely M/s Altius Developers Pvt Ltd. was incorporated on 3-4-2007 with the primary object of building/developing construction projects/properties. In extension of its objects it entered into a Partnership deed dated 10-1-2008 forming R-9 Firm (M/s Altius Pashima Realty) with R-4 (Stuti Realty Pvt Ltd.). In terms of the said partnership deed the profit and loss sharing ratio between R-I and 4, the two constituent partners of the said partnership firm was 50:50 while the share of investment was 25:75 (R-I:R-4). It has further been stated that in terms of Clause 17.2 any partner desirous of retiring from the said partnership, was bound to serve on the other partner a three months' notice e

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