SHEIHK DOST MOHAMMAD Vs. SHEIKH GOSH MOHAMMAD

JUDGEMENT

(1.) Through this application the appointment of receiver has been sought as the plaintiffs apprehend that the entire assets would be frittered away and he would be only saddled with the liabilities and not with the profits being earned by the defendants by way of production.

(2.) The facts relevant for the decision of the application are as under:-

(3.) The instant suit was filed on 4th of August 1999 seeking cancellation of the agreement between the plaintiffs firm and G.F. .Leathers and rendition of accounts of all work undertaken by G.F. Leather utilising the assets, moveable and immovable property and manpower of the plaintiffs company as also restraining defendants 1 to 4 from utilising or causing to be utilised any assets of the plaintiff firm and an ad interim ex parte injunction was granted vide order dated 6.8.1999 with the observations that the defendants shall not be permitted to use any assets of the erstwhile partnership firm B. Shahabuddin & Co. without the consent of the other partners, who had much larger share In the erstwhile partnership than the defendants 1 and 2. However, In order to ascertain whether assets were being utilised by the defendants or not a local commissioner was appointed on 18/02/2000. His report showed that the factory floor which was quite big was In perfect working condition and the production was being carried out on large scale. He also prepared the Inventory of the plant and machinery and the stocks. It was represented by the defendants that no records of defendants 3 and 4 were available but two statements were handed over which were kept separately. So much so all the electricity bills', water and telephone, etc. were duly signed by the local commissioner and complete set of documents which wasb produced showed that the defendants were still continuing with the production work without obtaining the consent of the plaintiff.