JAYESH H PANDEY Vs. SUKANYA HOLDINGS PRIVATE LIMITED

JUDGEMENT

(1.) THIS Chamber Summons has been taken out at the instance of the defendant No. 1 in Civil Suit No. 2812 of 2001. The parties are hereinafter referred to by their status in the suit. The brief facts may be stated thus :

(2.) THE plaintiff, defendant No. 1 and defendant No. 2 are the partners of a firm known as Hitali Construction Company (hereinafter referred to as "firm") The plaintiff filed the suit No. 2812 of 2001 in this court for a declaration that the firm stood dissolved with effect from the date of the filing of the suit and in the alternative for a dissolution of the firm. In the said suit, the plaintiff also prayed for an order and decree that the accounts of the suit firm be taken, the assets and properties of the firm be sold and realised and after meeting the liabilities the amount so realised should be paid to the partners according to their respective shares in the partnership firm.

(3.) IN the said suit, the plaintiff also took out a Notice of Motion No. 1934 of 2001 for appointment of a Receiver. By an order dated 23-8-2001, the Receiver was appointed by the Court in respect of the immovable property described in the Schedule Exhibit-A to the plaint and all other assets and properties of the said firm including book debts with all powers under Order 41 Rule 1 of the Code of Civil Procedure. The defendant No. 1 made a request to the court Receiver to call upon the plaintiffs to deposit an amount of Rs. 1. 98 crores approximately and a direction to defendant no. 2 to deposit an amount of Rs. 15 lakhs being the amounts due and payable by them to the partnership firm and also the interest thereon. The plaintiff and the defendant No. 2 disputed the liability to pay the said sum of Rs. 1. 98 crones and Rs. 15 lakhs respectively. Thereupon, the receiver held a meeting on 18-7-2001 in which the claim made by the defendant No. l for the directions to the plaintiff and defendant No. 2 as above was considered. After hearing the arguments of the respective counsels for the plaintiff, defendant No. 1 and defendant No. 2 at length, the Court Receiver declined to issue the directions to the plaintiff and defendant No. 2 and prepared the minutes accordingly. By this Chambe Summons, the defendant No. 1 seeks to challenge the minutes prepared by the Receiver and he further seeks a direction to the plaintiff and defendant No. 2 directing them to deposit the amounts as above.