- (1.) The first application in point of time is of the plaintiffs. The second application in point of time is of the defendant No. 1.
(2.) Learned senior advocate appearing for the plaintiffs submits that, the defendant no.1 was a partner of the partnership firm. The partnership firm was reconstituted from time to time. He draws the attention of the Court to the deed of partnership and particularly to clause 19 thereof. He submits that, the partnership is not at will. The partnership is such that, a partner can be expelled from the firm. In the present case the defendant no.1 was acting to the prejudice of the interest of the partnership firm. The partnership firm is facing diverse proceedings initiated at the instigation of the defendant no.1. The partnership firm is engaged in the business of Iron Ore Mines. The effect of the activities of the defendant no.1 in relation to the partnership firm are such that, the partnership firm is facing proceedings from diverse authorities. The defendant No. 1 approached diverse foray to obtain various reliefs and failed to obtain any. The defendant no.1 is claiming before the diverse authorities that the firms stood dissolved. The firm was never dissolved. Therefore, the defendant no.1 should be restrained from making any representation to such effect to any authority. 3. Learned senior advocate appearing for the defendant no.1 submits that, the defendant no.1 affirmed a written statement containing a counter claim. He submits that, in the counter claim, the defendant no.1 is praying that the firm stood dissolved upon the notice of dissolution being issued by the defendant no.1. He submits that, the assets of the firm are in jeopardy in the hands of the persons in control of the assets of the firm. Since, the firm stands dissolved it is imperative that, the assets of the firm are protected and preserved. He seeks appointment of a Receiver over the assets of the firm. He submits that, the persons in control and management of the assets of the firm should be restrained from making any personal withdrawal from the accounts of the firm. He draws the attention of the Court to the various bank accounts of the firm and submits that, the amounts lying in such bank accounts were denuded over a period of time at the behest of the plaintiffs and the defendant nos.2 and 3.
(3.) Learned senior advocate appearing for the defendant nos.2 and 3 adopts the submissions made on behalf of the plaintiffs.;