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Mrs. Vibha Mehta vs M/S Hotel Marina & Ors. on 8 October, 2012

The last judgment relied upon by the learned counsel for the plaintiff is the decision of Allahabad High Court in Mathura Datt Bhatt v. Prem Ballabh Khulba, AIR 1961 Allahabad 19 (V 48 C 3), where the High Court rejected the contention that there was fiduciary relationship between the partners and held that whether a partner acts in a fiduciary capacity or not would depend upon the facts of the case. The High Court held that though merely being accounting party would not straightway establish a fiduciary relationship between one partner or other partners in regard to every transaction, the accounting partner receives the money not only on his behalf but on behalf of all partners. It was further observed that if a partner is made Managing partner CS(OS)1703/2005 Page 23 of 25 because of some special trust which is reposed in him by the other partners, then he may come to hold a post of fiduciary relationship.
Delhi High Court Cites 17 - Cited by 0 - V K Jain - Full Document
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