Bombay High Court
Prabhakar Gajanan Naik
Versus
South Konkan Distilleries
Decided On:

Headnote:Order XL. Rule 1-Hindu Law-Appointment of Receiver-As per family arrangement all brothers enjoying separate sharer allotted to them-One brother filing suit for dissolution of partnership which existed much prior to family arrangement-Held suit not maintainable and no reveiver can be appointed as existence of partnership Is not established. The petitioner did suppress facts relating to family arrangement and there was no whisper about the same either in the Notice issued by the petitioner before filing the suit or in the plaint itself. There is prima facie evidence on record to suggest that there was family arrangement between the brothers and the said family arrangement had been acted upon in pursuance of which the brothers have been enjoying properties allotted to them separately under the said family arrangement except that the petitioner has tried to raise dispute relating to respondent No. 1. Therefore prima facie it is not possible to come to the conclusion that the partnership did exist between the petitioner and the other brothers after the said family settlement. Tulshidas. respondent No.5 retired from the business somewhere in 1985 and from then onwards respondent No. 4 is running the business. The normal rule of appointment of receiver in case of dissolution of firms would therefore not apply in the facts and circumstances of the case prima facie the firm stood dissolved much prior to the filing of the suit under family arrangement which was acted upon and the plaintiff had relinquished his right to the partnership.

       For Citation 1997 (2) All MR 375