2018 (2) TMI 823

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....5 - Annexure `H', upholding the said endorsement. 2. The grievance of the petitioner is that the respondent No.4 - Vasudev son of Ramachandra Desai, his younger brother, created a partnership firm in respect of the CL-9 licence for M/s. Status Bar and Restaurant, Gandhinagar, Bangalore, of which the petitioner was the proprietor earlier and in the said partnership deed - Annexure `A' dated 1st April, 2002, the profit sharing ratio of the present petitioner was reduced to 2% and remaining 98% to the younger brother - Vasudev. But however in pursuance of the said partnership deed of 2002, the respondent No.4 - Mr. Vasudev, applied before the Deputy Commissioner of Excise only in the year 2013 for transfer of the said CL-9 licence from that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....econstruction deeds of partnership, petitioner was not ready to withdraw himself absolutely from the partnership of M/s. Status Bar and Restaurant and wanted to retain at least 2% share in it, though agreed to be a dormant partner and allowing the control of business exclusively in the hands of the 4th respondent. Annexure `A' to writ petition is the Deed of Partnership entered between the parties under these circumstances. The recital in the said deed itself states that the business of M/s. Status Bar and Restaurant was actually carried on by the 4th respondent and not by the petitioner. Clauses 13, 18 and 19 of the said Annexure `A' clearly reflect the intention of parties in entering into that arrangement. Even though this arrangement wa....