BIMALENDU CHAKRABORTY Vs. SREMANTA MAJUMDER; MAA SARADA DEVI INDUSTRIES; SUNIT DAS

JUDGEMENT

(1.) This petition was filed by the petitioner challenging the order dated 9th September, 2015 whereby the learned trial Court had directed the plaintiff Bimalendu Chakraborty to pay an amount of Rs.13,00,000/- to the partner defendant No.3 Sri Sremanta Majumder as interim payment.

(2.) The facts, briefly stated, are that Sri Bimalendu Chakraborty, petitioner herein, filed a suit for rendition of accounts claiming that he and Sri Sunit Das, respondent No.3 herein and Sri Sremanta Majumdar, respondent No.1 herein, were partners in a firm known as 'Maa Sarada Devi Industries' and that this partnership firm be wound up after ascertaining the shares of the partners and thereafter the accounts be rendered and final decree be passed wherein the entitlement of each partner be declared.

(3.) The present petitioner contested the suit and one of the grounds on which he contested the suit was that in the year 1999 there was a settlement between the parties and in terms of the settlement the partnership firm had been dissolved and the respondent No.1 herein had retired from the partnership firm on receipt of Rs.25,00,000/-.