NIKHIL M ADIECHA Vs. NIKHIL M ADIECHA

JUDGEMENT

(1.) A notice of motion has been taken out by the plaintiff in a suit for dissolution of accounts of partnership firm viz. C. Manjibhai and Company. The applicant-plaintiff and defendant No. 1 are partners of the firm. Their father manjibhai was also a partner of the firm till his death on 21-6-1992. Defendant nos. 2 and 3 are their sisters. Defendant No. 4 is the wife of defendant No. 1. Defendant No. 5 is the son of defendant Nos. 1 to 4. An order dated 5th november, 2003 came to be passed by the learned Judge in the notice of motion taken out by the applicant, after hearing the parties and also after taking into consideration all the affidavits and the counter affidavits the rejoinder filed by the parties and granted the ad-interim relief in terms of prayer clauses (a) and l (b). However, the order in terms of prayer clause (a) was stayed for a period of 8 weeks.

(2.) Defendant No. 1, against the said ad interim order had preferred appeal no. 1072/2003. A Division Bench of this Court on 17th December, 2003 passed the following order. " (i) The appeal is dismissed. (ii) The learned motion Judge is requested to hear and decide notice of motion No. 2770/2003 as early as possible (iii) The Court Receiver shall put up its board on the subject premises after 28-1-2004. (iv) The Court Receiver shall invite bids from the first appellant and the first respondent for being appointed as agent and the party that gives higher bid shall be appointed as the agent of the Court receiver on usual terms and conditions. "therefore, the ad interim order dated 5th November, 2003 has been in operation since then, subject to above modification.

(3.) As observed above, in view of the Division Bench order, dated 17th december, 2003, the Court Receiver has been appointed, and not disputed by the counsel appearing for the parties and defendant No. 1 as an agent of the receiver on usual terms and conditions.