JUDGMENT :

1. Feeling aggrieved with and dissatisfied by an order dated 5th October, 2018 passed in Notice of Motion No.823 of 2018 in Suit No.6117 of 2007 by the learned Judge, City Civil Court, Greater Mumbai, the appellants have approached this Court under section 341 of the Code of Criminal Procedure (for short ‘Cr. P.C’).

2. Facts germane for the decision of the appeal can be summarized thus:

The appellants have filed a civil suit in City Civil Court at Greater Mumbai against respondent No.1-M/s. Kishore Engineering Company for recovery of amount of Rs.75,600/- towards arrears of service charges @ Rs.2100/- per month for the period from November, 2004 to October, 2007. The appellants are legal heirs of Mr. Keshrichand B. Shah deceased Proprietor of M/s. Union Commercial Corporation which came to be dissolved on the demise of its Proprietor on 22nd January, 1980.

3. Respondent No.1 is a partnership firm and was a licencee of the subject premises which is situate on the third floor of Churchgate House 32, Veer Nariman Road, Fort, Mumbai – 400 023. Appellant No.2 is the Director of M/s. Modern Products Private Limited. It is contended that respondent No.1 were liable to pay service