PRADIP HIMATLAL MOTLA Vs. JAYESH HIMATLAL MOTLA

JUDGEMENT

(1.) In this appeal, an exception is taken to the order dated 29 th March, 2014, passed by the City Civil Court, Mumbai, in Notice of Motion No.2265 of 2012 in Suit No.4549 of 2010. By the impugned order, the trial Court was pleased to reject the Notice of Motion.

(2.) Brief facts of the appeal are to the effect that the appellant and respondent No.1 are real brothers interse. Respondent No.2 is the son of respondent No.1. The appellant and respondent No.1 were running a partnership business in the name and style M/s India Stats and Eastern Agencies from Jorawar Bhavan, 93, Queens Road, Mumbai 400 020. On account of the disputes interse between them, the appellant had filed a suit initially before this Court, seeking dissolution of the said partnership firm w.e.f. 26th April, 2010 and to pass decree for winding up of the business of partnership firm, with further direction to respondents to render true and faithful account of the partnership firm.

(3.) During the pendency of the suit, appellant had taken out Notice of Motion No.104 of 2011. In the said Notice of Motion, Court Receiver came to be appointed to take charge of the assets, books, documents and papers of the firm. The said order was passed by this Court on 30.11.2010.