Mr. Justice N.Senthilkumar

Whether a right of a partner to seek dissolution could be controlled by the contract between the parties | Whether the discretion that is vested in the Court under Section 44 could be used to deny the right of dissolution to a partner under Section 43 of the Partnership Act – Ramar Coir Industries and Ors. Vs. Dhana Natarajan and Anr. – Madras High Court

Hon’ble Madras High Court held that:

(i) The right of a partner to seek dissolution is a statutory right and the same cannot be contracted out. Once it is found that a partnership is a t will, it was open to a partner to seek dissolution and Section 43 invests a statutory right in a partner to seek dissolution.
(ii) The Trial Court has found that the plaintiff was excluded from the business of the firm. It is also evident that the plaintiff was not paid her due share in the partnership business. We therefore, have no hesitation in coming to the conclusion that there was exclusion of the plaintiff from the business and there was mismanagement also.

Whether a right of a partner to seek dissolution could be controlled by the contract between the parties | Whether the discretion that is vested in the Court under Section 44 could be used to deny the right of dissolution to a partner under Section 43 of the Partnership Act – Ramar Coir Industries and Ors. Vs. Dhana Natarajan and Anr. – Madras High Court Read Post »

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