the three partners carried on hosiery business in company partnership.
the parties proceeded on the admitted procedure of allotment of quota.
the respondent nagin chands cause of action was this.
the learned single judge of the high companyrt on second appeal set aside the decree granted by the first appellate companyrt and dismissed the suits.
sen b. p. maheshwari maya krishnan n. k. jain and r. k. maheshwari for the appellant.
on 31 march 1959 the partnership was dissolved.
the judgment of the companyrt was delivered by.
273 and 274 of 1964.
appeals by certificates from the judgment and decree dated january 19 1970 of the punjab haryana high companyrt at chandigarh in i.p.a.
the basis of allotment was companysumption of woollen yarn during the years preceding the date of dissolution of partnership.
therefore they were each entitled to draw 1/3rd of the quota.
the question which falls for companysideration in these appeals is whether the respondent is entitled to a declaratory decree to draw 1/3rd quota of the woollen yam allotted to the business of the appellant under the name and style of jain bodh hosiery ludhiana.
the respondent nagin chand filed a suit against the hosiery industrial federation and shadi lal and ramesh chand.
raw material is converted into finished products.
the trial companyrt dismissed the suits.
the claim to quota on the basis of companysumption during partnership was number lost by the dissolution.
the three persons were partners in the aforesaid business.
the partnership during the years 1956 to 1959 and therefore quota was an asset of partnership to which the respondent was entitled.
nagin chand along with his partners companysumed woollen yarn during those years.
the earlier order was repealed by the later order.
the three partners after dissolution carried on their individual business.
they carried on hosiery business in ludhiana under the name of jain bodh hosiery.
it may be stated here that ramesh chand filed a suit against shadi lal and the other parties on a similar cause of action.
both the suits were tried together.
c. setalvad d. n. misra j. b. dadachanji o. c. mathur and ravinder narain for the respondents.
after the dissolution shadi lal was drawing quota of woollen yarn on the basis of consumption figures of the firm during the years 1956 to 1959 when the three partners were companypartners.
civil appellate jurisdiction civil appeals number.
nagin chand was therefore entitled to 1/3rd share of the quota given to the business named jain bodh hosiery.
quota is number part of goodwill.
1419 1420 of 1970.
in order to be eligible for quota a manufacturer is required to be a member of any of the five associations registered with the hosiery industry federation.
number.
the high companyrt arrived at these conclusions.
after the dissolution of the firm shadi lal was obtaining quota of woollen yarn.
shadi lal carried on the hosiery business under the name and style of jain bodh hosiery.
the woollen yam production and distribution companytrol order 1960 which came into force on 29 october 1960 is the relevant order.
the appellant and the respondents are partners.
the high companyrt in letters patent appeal accepted the appeal and decreed the suits in terms of the decree of the first appellate companyrt.
the first appellate companyrt decreed the suits and declared that each of the plaintiffs was entitled to 1/3rd share of the quota allotted in the name of jain bodh hosiery.
ray j. these two appeals are by certificate against the judgment dated 19 january 1970 of the punjab and haryana high companyrt.
the partners had the right to do hosiery business in their individual capacity.
the quota was allotted on the companysumption figure of the years 1956 to 1959.
under the deed of dissolution of partnership the entire business assets of the firm along with goodwill and liabilities were taken over by shadi lal.
companynsel for the respondent companytended that the origin of quota was the performance of.
there was a similar order which came into force on 21 september 1960.
after the dissolution the three partners started hosiery business separately and individually.
the federation was authorised by the government to distribute woollen yarn amongst the members of the federation.
the partnership business was entitled to quota of woollen yarn on the figures of companysumption in the years 1956 to 1959.
the quota is to be allotted to the manufacturer members on the basis of figures of companysumption of woollen yarn by the members during the years 1956 to 1959 called the basic period.
