BIKRAMJIT NAGRATH Vs. RALYA RAM MELA RAM

JUDGEMENT

(1.) The plaintiffs have moved this application under order XXXIX Rule VII read with Section 151 CPC, seeking a direction for defendant Nos. 1 (a) and (b) to deposit the sum of Rs. 38,50,620,04 paise (Rupees thirtyeight lakhs fifty thousand six hundred twenty and paise four only) together with interest @ 24% per annum being the compensation received from Land Acquisition Collector in respect of part of the land of the partnership from which was acquired. The application is moved in the pending suit for dissolution of the partnership firm and rendition of accounts.

(2.) Before dealing with the application on merits, the admitted facts may be noted:-

(3.) The plaintiffs filed the present application in February, 1996 claiming that only recently after the filing of the suit in October 1994, it has come to their knowledge that an area admeasuring 184.06 sq.mtrs put of the plot at 2, Tolstoy Marg, new Delhi was acquired for the public purposes of the road widening. The Land Acquisition Collector had determined the compensation, therefore, at Rs. 38,50,620.04 paise. This amount, it is claimed, was received vide two cheques by Sh. J.D. Nagrath, defendant No. 1 (a) and Smt. Savitri Nagrath, defendant No.1(c), in the year 1992. The claim in brief of the plaintiffs is that the compensation amount was an asset of the firm, which the defendants have mis-appropriated and used for their personal use and benefit. The defendants were not entitled to do so. In these circumstances, a direction is sought against the defendants for deposit of the said amount together with interest in Court for the protection of the property of the partnership firm, pending dissolution and rendition of accounts, Replies to the said application have been filed both by defendant No. 1 (a) & (b) as well as by defendant No. 1 (c) to (e).