AMRATLAL BHANJI LAXMAN Vs. KUSUM PRABHUDAS LAXMAN

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) This motion is taken out by the plaintiff for appointment of Receiver of the business of "Hotel Ajanta" carried out by the defendant No. 7 and for an order and injunction restraining the defendant Nos. 5 to 7 from alienating, encumbering or parting with possession or creating third party rights in the business of "Hotel Ajanta".

(3.) The plaintiff and the defendant Nos. 1 to 6 are close relatives, that is to say they are lineal descendants and/or their wives of late Bhanji Laxman. According to the plaintiff, the said Bhanji Laxman and his family started two businesses; one of a hotel and another of a travel agency. The business of travel agency was started by forming a private limited company which is the defendant No. 8 and the business- of hotel was started by forming a private limited company which is the defendant No. 7. The entire share capital of the private limited companies, i.e. defendant Nos. 7 and 8, was held by Bhanji Laxman and the family members. After the death of Bhanji Laxman, disputes arose between the family members. In a meeting of the Board of Directors, who were the family members, held on 7th May 1997, the shares were transferred amongst the members of the family in an attempt to resolve family disputes. The disputes however continued between the parties and finally the present suit has been filed by the plaintiff for partition of the business of "Hotel Ajanta" and its properties.