KUNAL RAMCHANDANI Vs. RAMCHANDANI ENTERPRISES

JUDGEMENT

(1.) Defendant No. 2 has filed this application under Section 151, Code of Civil Procedure, 1908 alleging that in terms of the order dated 22nd January 2002 after making sustained efforts he has been able to find a franchisee, namely, M/s. DeOrnate, a sole proprietory concern of Mrs. Neha Batra having office at C-45, Kirti Nagar, New Delhi who is willing to use Shop No. M-36B situated in Greater Kailash Part-l market under franchisee agreement (copy Annexure "A"). It is prayed that defendant No. 2 may be appointed as Receiver of the said shop with an authority to enter into said franchisee agreement.

(2.) Plaintiff who is the son of defendant No, 2, has not opposed the prayer as made in the application. However, defendant No. 3 has contested the application by filing a detailed reply.

(3.) Present application has been filed in a suit filed by the plaintiff alleging that Smt. Sushila Ramchandani, his grand mother was the tenant in said Shop No. M-36B under Inder Nath Chawla on a monthly rental of Rs. 600/-. She had been running business of selling radios, record players, refrigerators, air-conditioners and electrical goods etc. in the shop in the name of defendant No. 1 in partnership with her sons defendants 2 and 3. Each of the partner was having 1/3rd share in the profits and losses in business. It is further alleged that said Smt. Sushila Ramchandani died on 17th October 1995 leaving behind a Will bequeathing her 1/3rd share in said partnership firm as also tenancy rights in the shop in favour of the plaintiff. After her death the defendants 2 and 3 in collusion with each other have been trying to misappropriate the profits and assets of the firm and have even refused to show the books of account to the plaintiff. It was prayed that a preliminary decree of rendition of accounts be passed directing defendants 2 and 3 to render all the accounts of business of defendant No. 1 firm; plaintiff be declared as tenant in the said shop; defendants 2 and 3 be restrained from creating any third party interest in the suit shop.