Durgapur against the appellant and others claiming as under:
“a) for dissolution of partnership firm “Sen Industries”;
b) for accounts; and
c) appointment of receivers ... filed
being Title Suit No. 268 of 2008 for declaration of
dissolution of partnership ad accounts, which was against
dismissed by the trial court
governed by partnership deed dated
23.06.1965 which by para 9 stipulated that partnership was at will and by deed of
dissolution dated ... partial dissolution or a dissolution qua an individual partner, the concept
indicated in Section 39 appearing in Chapter VI is a total dissolution between
accepted, it may lead to absurdities as after the dissolution of the partnership deed, the trade mark of the firm, as per the arrangement ... persons who were the erstwhile partnership firm and who have settled the affairs of the partnership firm, after dissolution, by means of Dissolution Deed. Similarly
three
other partners, as a going concern, but after the dissolution of the
partnership firm. Certain considerations received as a result thereof were
treated ... purposes of these appeals, are recapitulated:
(i) Date of dissolution of the partnership firm is December 06, 1987.
(ii) Company Petition
company is based on the principle of quasi partnership, principles of dissolution of partnership shall apply and their application would depend upon facts ... followed, laying down the proposition that in applying the principles of dissolution of partnership to companies, the following factors were important:
(1) equal shareholding
three other
partners, as a going concern, but after the dissolution of the partnership
firm. Certain considerations received as a result thereof were treated ... purposes of these appeals, are recapitulated:
(i) Date of dissolution of the partnership firm is December 06, 1987.
(ii) Company Petition
inducted as partners in the partnership firm with the
intention that it would not amount to dissolution. Thus, Section ... gave a notice of dissolution of the firm to the appellants and
also filed a suit for dissolution of the partnership firm. During the pendency
question of the Chandigarh
Court entertaining a suit for dissolution of the partnership and
rendition of accounts. The plaintiff cannot wish away the
agreement ... void document and proceed to
sue for dissolution of the partnership and rendition of
accounts. It is not a matter of the volition
done before the dissolution until public notice is given of the dissolution. Thus till the time public notice of the dissolution is given, other partners ... Section 45. However , in case the creditor had notice of dissolution of the partnership or public notice had been given for dissolution the acknowledgment
respondent No. 1 to render the accounts before the
dissolution of the partnership. Thereafter, the
respondents sent the notice dated 24th May, 1994
appointing ... hindrances.?
16. Proposed issues/disputes suggested by the
respondents:
1. Dissolution of Partnership firm M/s
Consistent Clothing.
2. Rendition of account to the respondents