HIGH COURT OF GUJARAT
Before the Honble Mr. Justice M. R. Shah
LALJIBHAI RAMJIBHAI HAMIRANI
Versus
LAVJIBHAI HARIBHAI MANDANKA
Decided On : January 23, 2009
Partnership Act, 1932 - Section 69 - Code of Civil Procedure, 1908 - Order 43 Rule 1r - Appeal from Order is preferred by the appellant herein-original plaintiff under Order 43 Rule 1(r) of the Code of Civil Procedure challenging the impugned order passed by the learned Principal Senior Civil Judge, applications in Special Civil Suit by which the learned trial Court has dismissed the aforesaid applications submitted by the plaintiff for interim injunction as well as application for appointment of Receiver - Held, Trial Court has rightly refused to grant injunction. Considering above, when it is found that suit filed by the plaintiff is not maintainable under Section 69(1) of the Act as partnership firm is not registered partnership firm, the learned trial Court has rightly dismissed application and has rightly refused to grant injunction and refused to appoint receiver - No substance in the present Appeal - Appeal Dismissed
( 1 ) PRESENT Appeal From Order is preferred by the appellant herein-original plaintiff under Order XLIII, Rule l (r) of the Code of Civil procedure challenging the impugned order dated 14-10-2008 passed by the learned principal Senior Civil Judge, Vadadora below applications Exhs. 5 and Exh. 6 in Special Civil Suit No. 163 of 2008 by which the learned trial Court has dismissed the aforesaid applications submitted by the plaintiff for interim injunction as well as application Exh. 6 for appointment of Receiver.
( 2 ) THE appellant-original plaintiff had instituted Special Civil Suit No. 163 of 2008 for accounts of the partnership firm - Sun Corporation against defendant nos. 1 to 7 being partners of Sun Corporation - partnership firm. A declaration is also sought in the said suit by the plaintiff declaring that remaining land of land bearing revenue Survey No. 2 situated at Sayajipura, Vadodara belonging to partnership firm of plaintiff and defendant Nos. 1 to 7, defendant Nos. 1 to 7 alone have no right and/or authority to sell transfer, alienate the said land. A declaration is also sought that the sale-deed executed by defendant Nos. 1 and 2 in favour of defendant No. 8 dated 29-3-2008 with respect to land bearing revenue Survey No. 5 be declared as illegal, without consideration and without authority. A declaration' is also sought that defendant Nos. 1 to 8 alone have no right or authority to execute any writing and/or sell, transfer aforesaid properties/land, and therefore, permanent injunction is sought against them from entering into any transaction and/or executing in writing to sell, transfer, alienate aforesaid land in any manner whatsoever. A declaration is also sought that as plaintiff is legal partner of partnership firm therefore, defendants have no right or authority to restrain/obstruct plaintiff from attending partnership firm's office and the place and/or obstructing plaintiff from verifying accounts of partnership firm and the business. Permanent injunction is also sought to the effect that as the plaintiff is legal partner of partnership firm, defendants be permanently restrained from obstructing plaintiff from attending office of the partnership firm and place of business of partnership firm and properties of the partnership firm and verifying the accounts of the partnership firm by the plaintiff. Permanent injunction is also sought against defendant No. 9-Union Bank of India restraining the said Bank from clearing cheque of partnership firm signed by any of the partners of partnership firm. It appears from the pleadings and the aforesaid plaint that it is the case on behalf of the plaintiff that he is partner of partnership firm - Sun Corporation along with defendant Nos. 1 to 7 and he has got 25% share in the profit and loss of partnership firm and rest of the defendants have 75% share in the profit and except one Hardik Navnitlal, rest of the partners have 75% share in loss. That Bank account of the partnership firm was to be operated with joint signature of any two of the partners. That during the course of the business of partnership firm, land bearing revenue Survey Nos. 2 and 5 situated at Sayajipura, Vadodara admeasuring 57668 sq. mtrs. has been purchased by the partnership firm on executing agreement to sell, development agreement, possession receipt etc. in favour of partnership firm. Huge amount has been paid to original land owners towards sale consideration by the said partnership firm. It is further averred in the plaint that since long defendant Nos. 1 to 7 are not furnishing any account of partnership firm though demanded time and again and are not permitting the plaintiff to attend office premises and business of partnership firm. Partnership firm had constructed residential houses, after completing the same in the land bearing Survey No. 2 and on selling the said residential house, true and correct account is to be furnished. However, defendant nos. 1 and 2 are administratin
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