SOUMEN SEN,J. - (1.) The applicant has expressed genuine apprehension with regard to the conduct of the executrix, who appears to be with undue and hot haste changed the nature and character of the partnership business to which the legal heirs of Rajib Deb are entitled to have their shares as provided in the Deed of Partnership dated 16th May, 2012. The partnership deed in clause 18 has provided that upon the death of any of the partners the partnership firm shall not be dissolved and his legal heir or heirs shall inherit the share of the deceased partner. The surviving partners shall continue the partnership business with the legal heir or heirs of the deceased partner on the same terms and conditions contained in the said deed. This appears to have been flouted by one of the legal heirs namely the daughter of the deceased. The mother appears to have been deprived of the said benefit. Although an opportunity was given to the respondent to file an affidavit in relation to the supplementary affidavit no affidavit has been filed and the reason is quite obvious, having regard to the disclosures made in the said supplementary affidavit.
(2.) Under such circumstances, Mr. Subhasish Sengupta, Advocate of Bar Library Club is appointed Special officer, who shall inspect the accounts of the partnership firm and shall file a report on the adjourned date. Books and accounts of the partnership firm including the audited accounts since inception of the partnership firm till date shall be made available to the Special Officer for inspection. The Special Officer shall be entitled to an initial remuneration of 2000 GMs to be paid by Oyendrilla Deb.
(3.) The Special Officer shall also inspect the Books of accounts of The Bhoj Company having its office at 30A Mirza Ghalib Street, Calcutta and persons in charge of the said entity shall make available all records to the Special officer since inception as directed earlier including that of the Super Guest House and Super Fried Chicken, which are now being run from the same premises. The persons incharge of The Bhoj Company, Super Guest House and Super Fried Chicken shall also make over documents with regard to nature and character of such business with full particulars. The Special Officer shall be provided with copies of all such documents.;