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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

TUESDAY, THE 11TH DAY OF JANUARY 2022

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH

C.S. No.190 of 2021

Mr.Balavignesh S,

S/o.Mr.Subramani P

No.5, 3rd Cross Street, Ramesh Nagar

Tambaram West,

Chennai-600 045.

.. Plaintiff

-Vs-

1. Mr.Seshasayee. R,

S/o. Mr.Raghavachari

Quantas Trinity Apartments

#18, 2E, 2nd Floor, West Road

West CIT Nagar, Chennai-600 035.

2. Mr.Boopathy N.R,

S/o.Mr.Ramachandran

123/66, Kavya Towers

Velachery Road, Little Mount

West Saidapet, Chennai-600 015.

3. Mr.Gopi Krishna S,

S/o.Mr.Balaram

A3, Damayathi Apartments

No.17, South Mada Street

Nungambakkam, Chennai-600 034.

4. Mrs. Chithra Seshasayee,

W/o.Mr.Seshasayee R

Quantas Trinity Apartments

#18, 2E, 2nd Floor, West Road

West CIT Nagar, Chennai-600 035.

..Defendants

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Civil Suit praying that this Hon'ble Court be pleased to grant a

Judgment and decree as follows

(a) A decree of Dissolution of Partnership business of the Firm,

MODOMINES with its Office at 123 & 66, Kavya Towers, Velachery Road,

Little Mount, West Saidapet, Chennai-600 015, dissolving the said firm, be

passed in favour of plaintiff and against the defendants with effect from the

date of filing of the suit;

(b) A decree of rendition of accounts to be passed in favour of the

plaintiff and against the defendants, ordering defendants 1 to 4 to render the

true, complete and correct accounts of the firm, MODOMINES, 123/66,

Kavya Towers, Velachery Road, Little Mount, West Saidapet, Chennai 600

015 from 19.01.2018 till date of the suit and decree and the share of the

plaintiff towards capital, profits, assets, goods, properties etc., of the said

partnership, be ascertained and decree for the same be passed.

(c) A final decree for dissolution and rendition of accounts and

distribution of profits be passed after ascertaining the accounts, thereby

ascertaining the share of the plaintiff up to the tune of 25% and directing the

payment thereof to the plaintiff's;

(d) A decree for appointment of a receiver to take charge of the

management and affairs of the firm, MODOMINES and to audit the

accounts of firm, MODOMINES from 19.01.2018 till date of suit and decree

and to direct the assets of the firm, MODOMINES to be valued and realised,

etc; and to wind up the affairs of the firm, MODOMINES in accordance

with law;

(e) A decree of permanent injunction restraining the defendants, their

men, agents, servants and persons claiming through them from dealing with

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all the properties of the partnership firm, MODOMINES in any manner, by

selling, mortgaging or transferring the assets of the firm, MODOMINES and

collecting the dues of the firm, MODOMINES from its debtors etc,. till the

receiver is appointed by this Court and he assumes control of the assets of

the firm, MODOMINES;

(f) the costs.

This Suit coming on this day before this Court for hearing in

the presence of Mrs.Revathi Manivannan, Advocate for the plaintiff herein

and Mr.V.P.Sengottuvel, Senior counsel for Mr.P.S.Prabu, Advocate for the

defendants herein and upon reading the plaint filed herein and the joint

memo of compromise signed by the plaintiff and the defendants with their

respective advocate and the said advocate for the parties hereto, praying this

Court to pass a decree in terms of joint memo of compromise morefully set

out in the schedule hereunder, it is interms thereof ordered and decreed as

follows:-

1) That the plaintiff herein has agreed to retire from the Firm

"MODOMINES" with effect from the date of execution of a Deed of

Retirement and the plaintiff in lieu of his retirement and towards full and

final settlement of all claims, including but not limited to mismanagement

and misappropriation, or any other new or additional claims of whatsoever

in nature a