Case Summary
Muhammed Yunus Shabandri filed a suit against M/s. Colombo Stores and Ashraf Ali KS for the dissolution of a partnership and rendering of accounts. The plaintiff stated that the partnership is running at a loss and communicated his desire to cease the business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Dissolution of partnership, direction to render accounts, permanent prohibitory injunction from removing goods.
Case Type
Civil Suit
Final Judgment
No
The court passed a preliminary decree for the dissolution of the partnership firm M/s. Colombo Stores and directed the defendants to render accounts. The defendants are also restrained from removing valuable goods from the premises.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence supporting his entitlement to a decree.
The plaintiff provided unchallenged evidence supporting his entitlement to a decree.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence supporting his entitlement to a decree.
The plaintiff provided unchallenged evidence supporting his entitlement to a decree.
Supporting Evidence
The unchallenged evidence of PW1 and Exts.A1 and A2 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, a preliminary decree is passed as follows: 1.The partnership firm namely 'M/s. Colombo Stores' constituted by virtue of partnership deed dated 01.07.2020 stands dissolved with effect from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Yunus Shabandri
- Party Age
- 69
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- M/s. Colombo Stores
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ashraf Ali KS
- Party Age
- 41
- Relation
- S/o.
Plaintiffs Documents
Partnership deed entered into between Muhammed Yunus Shabandri and Ashraf Ali KS, GST Registration for Colombo Stores.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.KB Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anirudh NR
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Dissolution
Outcome:
Granted
Description:
Dissolution of the partnership firm 'M/s. Colombo Stores'.
Evidence:
The partnership firm namely ‘M/s. Colombo Stores’ constituted by virtue of partnership deed dated 01.07.2020 stands dissolved with effect from the date of decree.
Relief Type:
Declaration
Outcome:
Granted
Description:
Directing the defendants to render accounts concerning the partnership firm.
Evidence:
The defendants are directed to render accounts in respect of the partnership firm.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from removing valuable goods from the premises.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from forcefully removing the valuable goods and articles of the 1st defendant firm from the plaint schedule premises.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitlement to amounts towards share found during final decree proceedings.
Evidence:
The plaintiff is found entitled to the amounts towards his share if any amount is found so during the final decree proceedings.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to recover costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
This document is the partnership deed entered into between the plaintiff and the second defendant, forming the basis of the partnership firm 'M/s. Colombo Stores'.
Reference:
Ext.A1
Document Type:
GST Registration
Submitted By:
Plaintiff
Relevance:
This document shows the GST registration obtained for 'Colombo Stores', which is relevant to the business operations discussed in the case.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Dissolution of partnership
Case Code
Case between Muhammed Yunus Shabandri vs M/s. Colombo Stores et al regarding dissolution of partnership and rendition of accounts.
Case Code Year
Case between Muhammed Yunus Shabandri vs M/s. Colombo Stores et al regarding dissolution of partnership and rendition of accounts.