TILAK CHAND Vs. DARSHAN LAL

JUDGEMENT

(1.) In a suit pertaining to partnership concern known as Messrs Kingsway, Vir Marg, Jammu a learned single Judge of this Court (Kotwal, J.) has passed an order on 30-5-1983 in an application for appointment of a Receiver moved by the plaintiff. The learned single Judge has directed the defendants respondents herein to furnish security in the amount of Rs. 1,50,000/- to the effect that in case the plaintiff succeeds in the suit the surety shall be liable to pay to him any amount up to the maximum amount of Rs. 1,50,000/- failing which the deputy registrar was directed to attach the goods lying in the shop and other godowns of the firm to the extent of Rs. 1,50,000/- and after putting the goods on sale, the sale proceeds were ordered to be deposited in some Bank in the name of the Dy. Registrar, High Court. The amount was to be distributed in accordance with the decree that would eventually be passed finally in the suit.

(2.) This aforesaid direction proceeded on the assumption that after dissolution of the firm in dispute, the assets of the firm have not been distributed in accordance with Ss.46 and 48 of the Partnership Act. The learned single Judge has taken the view that prima facie the firm appears to have been dissolved and dissolution is said to have taken place on 17-3-1980 by a deed in writing between the plaintiff and the first defendant. At the same time the trial Judge has held that steps have not been taken for winding up of the firm in accordance with law and the plaintiffs share in the firm is lying with the first defendant. Therefore, the first defendant has been asked to furnish the security. Prayer for appointment of a receiver has not been granted and instead direction for filing security has been made.

(3.) The first defendant has not filed any appeal or cross-objections as regards the findings of the learned single Judge about the assets of the firm not having been divided. The plaintiff-appellant alone has filed an appeal against the order of the learned single Judge refusing to appoint a receiver.