1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4498/2008 Chotabhai Shivbhai Patel and Ors. ..vs.. Chandubhai Shivabhai Patel -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: B. P. DHARMADHIKARI, J. DATED : 16 th OCTOBER, 2008 1. Heard. 2. Mr. Chandurkar, Advocate has invited my attention to clause 4 of the partnership deed which prescribes the continuation of the partnership to be at will. Clause 17 thereof states that the partnership cannot be dissolved without express consent in writing of all the partners. The Courts below have considered the controversy and on prima facie consideration have granted temporary injunction to the respondent/plaintiff. It is true that the Court has not considered clause 4 while doing so but then in writ jurisdiction, in view of the concurrent orders and as only temporary injunction has been decided, I am not inclined to interfere. 2 3. Mr. Chandurkar Advocate, at this stage, points out that the counter claim of the petitioners is also ignored. The Courts below have considered the expressed provisions in Clause 17 and while considering the controversy on merits, it is clear that the interpretation of the partnership deed will be undergone after noticing all the clauses. It is also clear that the observations made by both the Courts are only prima facie and shall not affect the contention of the present petitioners while advancing their case on merits in the civil suit. The writ petition is accordingly disposed of. 4. The suit is of the year 2006 and it is stated that the recording of the evidence is going on. Hence, it is expedited. The trial Court to decide the suit, as early as possible, and in any case by 31.12.2009. JUDGE kahale