Aswini Kumar Sahu vs Manoj Prusty
2022 Latest Caselaw 3061 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                ARBA No.3 of 2021
                               (Through hybrid mode)

            Aswini Kumar Sahu                         ....           Appellant

                                           Mr. D.P. Nanda, Senior Advocate

                                         -versus-

            Manoj Prusty                              ....         Respondent
                                                     Mr. B. Bhuyan, Advocate


                      CORAM: JUSTICE ARINDAM SINHA
                                         ORDER

11.07.2022 Order No.

5. 1. Mr. Nanda, learned senior advocate appears on behalf

of appellant. He submits, his client had partnership with

respondent. His client wanted to continue to participate in the

partnership business since, even if there was dissolution,

provisions, inter alia, in sections 45 to 48 entitle his client to

continue to participate till there is complete dissolution and

winding up the partnership. Learned Court below by impugned

judgment dated 1st March, 2021 erred in not appreciating his

client's contention by allowing interim measure restraining his

client to so participate.

2. Mr. Bhuyan, learned advocate appears on behalf of

respondent and on query from Court submits, his client will

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furnish accounts as on date of impugned judgment as well as

thereafter up to 31st March, 2022 and following every six

months, till resolution of disputes by arbitration and dissolution

notified. Mr. Nanda submits, that would serve his client's

purpose.

3. Respondent will furnish accounts of the partnership

business, as on date of impugned judgment and thereafter till

31st March, 2022, by two weeks from date. Respondent will

continue to thereafter furnish account of business to appellant

every following six months, till conclusion of the reference and

directions for complete dissolution and winding up of the

partnership.

4, Impugned judgment is varied to the extent above. The

appeal is disposed of.

(Arindam Sinha) Judge

Sks