RUKSHANA SULEMAN CHAMADIA Vs. NARENDRA RAMESH SHARMA

JUDGEMENT

(1.) This Appeal takes exception to the decision of the learned Single Judge of this Court dated 17th February 2009 in Notice of Motion No. 1541 of 2007 in Suit No. 1327 of 1997.

(2.) Briefly stated, the Respondent/Plaintiff filed Suit for declaration that the partnership in the name and style of M/s. Shubh Developers constituted under the Deed of Partnership dated 29th April 1989 and carrying on business from 5, Kanti Mahal, Teli Galli, Andheri (East), Mumbai - 69 be declared as dissolved from the date of filing of the Suit or from any other date, as the Court may deem fit and proper. The Respondent/Plaintiff also prayed for appointment of Commissioner for Taking Accounts, High Court, Mumbai or any other fit and proper person as Commissioner for the purposes of taking accounts and to order and decree the Defendant to pay the Plaintiff the monies that are found liable to be paid by the Defendant to the Plaintiff on taking such accounts.

(3.) This Suit was filed on 15th April 1997. During the pendency of the said Suit, Plaintiff took out Notice of Motion No. 2823 of 1997 for appointment of Court Receiver. That Motion was made absolute on 8th January 2001. Thereafter, the Plaintiff took out another Notice of Motion No. 2221 of 1999 praying for following reliefs: