J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

I.A. 31197/2024 (under Section 151 CPC seeking a direction to the Receiver to release Rs. 76 lakhs to defendant no. 2 from the bank account of the partnership firm)

1. The captioned application has been filed by the defendant no. 2, son of late Sh. Gopal Krishan Gupta, who was the erstwhile partner of the Signature Not Verified Signed By:RASHMI CS(COMM) 607/2023 Page 1 of 11 partnership firm namely M/s Capital Metal industries. defendant no. 2, seeking directions to the Court Receiver appointed vide Order date 21.12.2023 to repay the unsecured loan of Rs. 76 lakhs advanced by the applicant/defendant no. 2 to the partnership firm.

2. Dr. Amit George, the learned counsel for the applicant/defendant no. 2 submits that on account of death of late Sh. Gopal Krishan Gupta on 09.06.2022 the partnership firm stood dissolved, however, the plaintiff who is the surviving partner of the firm continued the operations of the firm on the pretext of winding up the partnership firm under Section 47 of the Indian Partnership Act 1932 (‘Act of 1932’) and during this period the plaintiff also cleared the debts of the partnership firm.

2.1 He stated that the un