SHA VALLABHDAS VRAJLAL Vs. SHA MANSUKHLAL VRAJLAL

JUDGEMENT

(1.) The plaintiff in O.S.No.10 of 2018 on the files of the Sub Court, Kozhikode is the petitioner. He filed I.A.No.168 of 2018 in O.S.No.10 of 2018 for appointment of a receiver. As per the order dtd. 19/11/2018 the learned I Additional Sub Judge dismissed that petition. He challenged that order by filing an appeal. The I Additional District Judge as per the judgment dtd. 20/3/2019 confirmed that order. Aggrieved thereby, he filed this original petition under Article 227 of the Constitution of India.

(2.) Heard the learned counsel for the petitioner and the learned Senior Counsel appearing, on instructions, for respondents No.2, 3, 4, 7 and 9.

(3.) The plaintiff and defendants were the partners of a partnership firm named Shah Parshotam Madhavjee. That was a partnership at will. The petitioner instituted the said suit for rendition of accounts. It was averred that the partnership firm was dissolved and on taking the accounts of the firm, the petitioner shall be allotted his share. The petitioner contended in I.A.No.168 of 2018 that the business of the partnership firm was closed with effect from September, 2008 and the building it owned had been let out. The rent being received has not been properly accounted, the entire portion of the building has not been properly utilised and huge loss was being occasioned. The petitioner therefore sought to appoint a receiver.