HARESH CHETAN THADANI Vs. CHETAN BULCHAND THADHANI

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of learned counsel for both the Petitioners and learned counsel for Respondent No.5.

(2.) As both these Writ Petitions raise the common question of law and are between the same parties and arising out of the same order, they are being decided by this common Judgment.

(3.) The father of the present Petitioners, namely, Chetan Bulchand Thadhani, his sons Sunil and Haresh, who are the Petitioners herein, were the Partners of the Firm known as M/s. Evergreen Trades and Agencies. Flat Nos.5 and 6, Meenakshi Apartment, 32 nd Road, Bandra (West), Mumbai-400050 and the factory premises, namely, the front half portion of the Building on Plot No.I36-A, Mahal Industrial Estate, Mahakali Caves Road, Andheri (East), Mumbai, are the estates of the said Firm. Late Shri Chetan Thadhani, the father of the present Petitioners, and Respondent No.2 and his son, Sunil, the Petitioner in Writ Petition No.296 of 2018, had filed a Suit, bearing No.3349 of 1989, for dissolution of the said Partnership Firm and various other reliefs against Haresh, Petitioner in Writ Petition No.13710 of 2017 filed in this Court. In the said Suit, the Court Receiver was appointed by this Court. The Petitioners herein, who are the sons of deceased Chetan Thadhani, were appointed as the 'Agents' of the Court Receiver in respect of the assets of the Partnership Firm. Due to enhancement of the pecuniary jurisdiction of the City Civil Court, Bombay, the Suit was transferred to the said Court and it was assigned new number, being Suit No.9812 of 1989. The appointment of Court Receiver, however, continued in the said Suit, as per the order passed by this Court.