VIBHA MEHTA Vs. HOTEL MARINA

JUDGEMENT

(1.) The plaintiff and defendants no.2 to 9 were the partners in defendant no.1, a partnership firm namely M/s Hotel Marina, and the plaintiff had a share of 8% in the profits and losses of the said partnership firm. She filed this suit seeking dissolution of the partnership firm and rendition of accounts. She also sought an injunction restraining the defendants from carrying on business of the partnership firm M/s Hotel Marina and creating any third party interest in the properties of the firm.

(2.) During pendency of this suit, a joint application, being IA No.6376/2006 was filed by the plaintiff and defendants no.1 & 8 for recording the settlement set out in paragraph (1) of the application and passing a decree in terms thereof. It would be pertinent to note here that the plaintiff is the daughter-in-law of defendant no.8. The statements of the plaintiff Mrs. Vibha Mehta and defendants no.8 Mr. S.B. Mehta were recorded on 3.3.2006 and the suit was decreed in terms of the said IA No.6376/2006. It was directed by the Court that upon payment of Rs. 2 crores being made by the defendant no.8 to the plaintiff in terms of the settlement, the interim order dated 14.12.2005, whereby the defendants were restrained from creating any third party interest/additions/ modifications in the assets of the partnership business shall stand vacated. The learned counsel for the plaintiff stated before the Court that in view of the settlement, no claim survived against the defendants no.2 to 7.

(3.) IA No.4079/2006 was then filed by defendant no.8 seeking directions to the plaintiff to execute the documents in accordance with the application. Another application being IA No.5215/2006 was also filed by the defendant no.8 seeking permission of the Court to deposit a draft of Rs.2 crore in the Court or in the alternative to deposit the said amount in the name of Registrar General of this Court.