1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3529 OF 2007 IN SUIT NO.2320 OF 2007 Narendrakumar Kalyanji Guri ..Plaintiff -versus M/s Latest Furniture House and 3 ors .. Defendants Mr A. K. Tripathi, i/b Shailesh Shukla, for the Plaintiff. Mr. Vidya M. Amlani, for Defendant Nos l, 2 & 4. Mr. Dharmendra M. Joshi, for Defendant No.3 CORAM: S. J. VAZIFDAR, J DATED: 30th November,, 2009. P.C. 1. This suit is for dissolution and amounts in respect of a partnership firm. No notice of dissolution was received. I will presume, however, that the plaint serves as a Notice of dissolution. 2. The Plaintiff has a l0% share in the profits and losses of the firm. The deed of partnership was not even produced by the Plaintiff. It was produced by the Defendants. The premises from which the business of the partnership is conducted does not belong to the firm. Clause 6 of the Partnership deed stipulates that the premises belong exclusively to Defendant 2 No.2. There is no question, therefore of granting any reliefs in respect of the premises. 3. The Defendant submits that the firm was dissolved as evidenced by a Deed of Dissolution dated 20th October, 1995. The same is signed by all the partners including the Plaintiff. The Plaintiff, however, denies his signature on the Deed of Dissolution. Prima facie it is difficult to accept that the partnership business continued with the plaintiff as a partner after the deed of dissolution. The Plaintiff is unable to indicate any act done by him as a partner or asserting his right as a partner for a period of l0 years. He addressed correspondence regarding his alleged right only in the year 2005. 4. In the circumstances the Notice of Motion is dismissed.