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2019 (2) TMI 180 - BOMBAY HIGH COURTLiability of partner after retirement - recovery of dues of the firm from partners - Held that:- Respondent No. 2 has incorrectly discarded the stand of the petitioner of having retired from the partnership. No provision under the Partnership Act 1932 has been brought to our notice which would require a resolution to be passed by the firm before a partner, that too, in a partnership at will, can retire. However, this conclusion would not solve the entire issue. Several other considerations would have to be weighed before the question of recovery of dues of the firm can be made against the petitioner. Firstly, the Authority has not examined the genuineness or correctness of the communication dated 10.12.1999 under which the petitioner claimed to have retired as a partner of the firm. Secondly, the question of outgoing partner being liable for the dues of the third party even after retirement unless public notice or knowledge of such retirement can be imputed on said third party may also have to be gone into. For such reasons, we would prefer that respondent No. 2 decides the entire issue afresh after giving fresh opportunity to the petitioner of hearing if he so desires. Accordingly, the impugned order is set aside. The issue placed back before Respondent No. 2 for passing fresh order in accordance with law.
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