SHEETAL MOHANLAL PATEL Vs. P RAMBHAI AND CO

JUDGEMENT

(1.) THE grievance of the petitioner relates to disobedience of the order dated 15-4-1999, passed in Summary Suit Nos. 1794 of 1999, 1985 of 1999, 1792 of 1999 and 1793 of 1999 and breach of undertaking given in the said suits by the respondent Nos. 2 to 4.

(2.) FEW facts relevant for the decision are that certain promissory notes came to be executed by the respondent No. 1 through the respondent No. 3 and the respondents having failed and neglected to pay the amounts on being demanded by the petitioner under the said promissory notes, the suits came to be filed wherein the motions were taken out and the same were disposed of while accepting the statements made by the learned Advocate appearing for the defendants, who are the respondent Nos. 1 to 3, in the said suits, further requiring the defendants to file a written undertaking. The relevant portion of the order which was passed on 15-4-1999 reads thus:

(3.) IT is not in dispute that the respondent Nos. 2 and 4 were the partners of the respondent No. 1 at the time, of filing of the suits as well as when the undertakings were given. The respondent No. 3 retired from the firm since april, 1997. The respondent No. 5 is the landlady in relation to the suit premises. It is also a matter of record that during the pendency of these proceedings before the Court, the respondent No. 3 and the respondent No. 5 expired.