JAYESH H PANDYA Vs. SUKANYA HOLDINGS PRIVATE LIMITED

JUDGEMENT

(1.) ALL the counsel agree that the appeal be disposed off finally at the stage of admission. Hence, we have heard the submissions in final hearing.

(2.) THIS appeal is preferred against the order dated 6th May, 2005 passed by the learned Single Judge dismissing the suit filed by the appellant by upholding preliminary objections as regards its maintainability. The two preliminary issues decided by the impugned order are as follows :-

(3.) BY the ad-interim order dated 11th May, 2000, the Court Receiver, High Court, Bombay was appointed as a Receiver of all the assets and properties of the suit firm, including the books of accounts. But after filing of the suit, it was realised by the appellant that although an application had been made in the year 1992 to the Registrar of Firms for registration of the suit firm, the same had not been registered on account of some formal requirements. He, therefore, pursued the application for registration of the firm and the firm came to be registered by the Registrar of Firms on 30th May, 2000. Thereafter, on 14th August, 2001, the appellant filed the suit herein i.e. Suit No.2812 of 2001 (hereinafter referred to as "second suit") for the same reliefs as in the first suit. On 23rd August, 2001, he applied for ad-interim order of appointing the Court Receiver, High Court, Bombay as receiver of all the assets and properties of the suit firm after giving due notice to the respondents. By the order passed on that date, the Court Receiver, High Court, Bombay was once again appointed as receiver of all the assets and properties of the suit firm. On the same date, the appellant withdrew the first suit.