MANOJ MANILAL GALA Vs. ERUCH BOMAN KHAVER

JUDGEMENT

(1.) These Appeals are filed challenging the order dtd. 17/5/2016 passed by the City Civil Court allowing Notice of Motion No. 4443 of 2015 filed by the Plaintiff No.2 in terms of prayer clauses (d) and (e). The City Civil Court has proceeded to reject Notice of Motion No.4970 of 2015 filed by the heirs of Defendant No.1. The order dtd. 17/5/2016 has been corrected by the City Civil Court by order dtd. 19/7/2016. The issue before the City Civil Court was about appointment of agent of Court Receiver in respect of business and property of the partnership firm. The net result of the impugned orders passed by the City Civil Court is that Notice of Motion No.4443 of 2015 filed by Plaintiff No.2 is allowed which contemplates Court Receiver of this Court taking back the possession of business and properties of the partnership firm and appointment of Plaintiff No.2 as the agent of the Court Receiver in respect thereof. Notice of Motion No.4970 of 2015 filed by legal heirs of Defendant No.1 for appointment of Manoj Manilal Gala (Defendant No.1b) as Agent of the Court Receiver in respect of business and properties of partnership firm has been rejected.

(2.) Defendant No.1b-Manoj Manilal Gala is aggrieved by direction for appointment of Plaintiff No.2 as Agent of Court Receiver and rejection of his application for appointment as the agent of Court Receiver and has filed the present Appeals.

(3.) Plaintiff No.2 had also filed Appeal from Order No.887 of 2016 challenging the order dtd. 17/5/2016 of the City Civil Court to the extent of rejection of prayer clauses (a) to (c) in Notice of Motion No.4443 of 2015. When the Appeals came up for hearing before this Court on 17/9/2019, he has withdrawn Appeal No.887 of 2016 and the same has been disposed of. This is how only Appeal from Order Nos. 797 of 2016 and 798 of 2016 continue to survive and are decided by this common judgment.