SHRAWAN KUMAR AGARWALLA Vs. MAKHANLAL HARNARAIN

JUDGEMENT

(1.) The petitioner claiming himself a partner in the partnership firm-M/s Makhanlal Harnarain is aggrieved of order dated 06.05.2009 passed in Execution Case No. 31 of 2007.

(2.) Money Suit No. 31 of 1983 was instituted by M/s Makhanlal Harnarain, a partnership firm for a decree for a sum of Rs. 2,21,367.61 together with costs and interest, pendente-lite and future. The suit was decreed by judgment dated 24.03.1993 and a decree was prepared and sealed on 07.04.1993. Appeal filed against judgment and decree passed in Money Suit No. 31 of 1983, vide Money Appeal No. 11 of 2003 was allowed by judgment dated 24.07.2006 and the matter was remanded to the trial Judge for fresh adjudication on issue no. 4. Finally after a decision by the trial Judge Money Appeal No. 05 of 2007 was filed which was dismissed on contest vide judgment dated 07.02008. At this stage, the decree holders instituted Execution Case No. 31 of 2007. It appears that by an order dated 10.02009 one of the partners in the partnership firm namely, Surendra Kumar Agarwalla was permitted to receive a part of the decreetal amount. Aggrieved, the petitioner came to this Court in W.P.(C) No. 1347 of 2009 which was disposed of by an order dated 28.04.2009 with a direction to the executing court to proceed with execution of the decree in accordance with law. The executing court has now permitted the said Surendra Kumar Agarwalla to receive the decreetal amount on behalf of the partnership firm on a condition that he shall execute an indemnity bond.

(3.) Contending that a partner in the partnership firm is not entitled to receive the decreetal amount, Mr. Birendra Kumar, the learned counsel for the petitioner, submits that the executing court has passed the impugned order dated 06.05.2009 ignoring order passed by the Writ Court in W.P.(C) No. 1347 of 2009.