Disposed

Shantanu N.Desai v. Dushyant @ Kishore Nanubhai Desai Ors.

Bombay HC13 Aug 2004NMS/2037/2003

Download

Case brief

from the order text

What is this about?

THE HIGH COURT OF JUDICATURE AT BOMBAY THE…

What the court decided

AI extract

Shantanu N.Desai Vs Dushyant @ Kishore Nanubhai Desai Ors. — Property and Title | Bombay HC (2004)

¶1

¶2

IN TH	E HI	GH	CO	URT OF JUDICATURE AT	BOMBAY
OR	DINARY			ORIGINAL CIVIL JURI	SDICTION
	NOTICE		OF	MOTION NO.3243 OF	1997
				WITH
	NOTICE		OF	MOTION NO.2037 OF	2003
				WITH
	NOTICE		OF	MOTION NO.779 OF	2004
				IN
		SUIT		NO.3777 OF	1997
Shantanu N. Desai				... Plaintiff
v/	s
Dushyant		alias		Kishore	Nanubhai
Desai and ors.				... Defendants
Mr P.N.	Modi	i/b	M/s	RMG Law Associates for	Plaintiff.
Mr Pradip	Sanche	ti	i/b	Mr R.A.K. Najam-es-sani	for
Defendants.
CORAM	:			D.K.DESHMUKH	J.
DATE :				13TH AUGUST	2004

¶3

¶4

P.C.:

¶5

Notice of motion No.3243 of 1997 is taken out by the plaintiff and notices of motion No.2037 of 2003 and 779 of 2004 are taken out by the defendants and they arise out of the ad-interim order passed in plaintiff’s notice of motion No.3243 of 1997. The learned counsel

¶6

for both the sides are agreed that following order would meet the ends of justice.

¶7

Notice of motion No.3243 of 1997 is permitted to be withdrawn with liberty to apply again for appropriate reliefs.

¶8

The Prothonotary and Senior Master of this Court is directed to appoint an Officer to take inventory of the books of account and records, documents and movable properties belonging to the partnership firm M/s Nanubhai and Co. lying within the office premises viz. First Floor, Bhogilal Hargovinddas Building, K. Dubash Road, Mumbai 400 023 or outside. The Commissioner is

¶9

¶10

appointed		for	taking	inventor	y	with	a
direction		that	the	work		of	taking
inventory		shall	be co	mpleted		within	a
period	of	two	weeks	from	the	date	of
appointment.		The	invent	ory	shall	be	done
initially at	the	expenses of	the
defendants.

¶11

¶12

The	learned counsel app	earing	for
defendants	submits that pursuant	to	the
ad-interim	order passed in	notice	of
motion	No.3243 of 1997, till	that	order
was	set aside by this	Court,	the
plaintiff	was carrying on the	business	of
the	Firm and therefore, t	he	plaintiff
should	be issued a direction to	file	an
affidavit	disclosing the busin	ess	carried
out	during that period.	the	learned
counsel	appearing for plaintiff,	on	the
other	hand, submits that all	the	details
are	available in the Office of	the	Firm
of	which inventory is being	taken	and
therefore,	considering the		present
condition	of the plaintiff,	no	such
direction	should be issued.	In	this
views	of the matter therefore,	in	my

¶13

¶14

opinion, following order in this regard

¶15

would meet the ends of justice.

¶16

. After completion of the work of

¶17

inventory,	the Commissioner shall	submit
his	report to the Prothonotary and	Sr.
Master	of this with a copy to	the
plaintiff	and the defendants.	After
going	through the report of	the
Commission	er, in cased the	defendants
find	that they have not received	all the
details	about the business carried	out
during	the aforesaid period,	the
defendants	shall be at liberty to	take
out	appropriate proceedings either	in
this	suit or before the	Arbitrator.
Similarly,	the plaintiff shall also	be at
liberty	to take out	appropriate
proceedings.	The learned	counsel
appearing	for plaintiff has stated	that
except	the record that is lying in	the
Office	of the Firm, he has handed	over
entire	record to the	defendants.
Presently,	the plaintiff does not	have
any	record in relation to the Firm.	The
learned	counsel appearing for	plaintiff

¶18

¶19

states that the plaintiff has retired
from the Firm and if any forms are
required to be signed for giving effect
to the retirement, on the forms being
produced by the defendants, the forms

¶20

will be signed. All the notices of

¶21

motion are disposed off.

¶22

Parties to act on the copy of this order duly

¶23

authenticated by the Associate / Personal Secretary as

¶24

true copy.

¶25

. Certified copy expedited.

Shantanu N.Desai v. Dushyant @ Kishore Nanubhai Desai Ors.

Case brief

What is this about?

What the court decided

Shantanu N.Desai v. Dushyant @ Kishore Nanubhai Desai Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Ramila B.Dekhtawala Vs Navinchandra K.Rokadia and Ors. and Indian Bank

Suman R. Walawalkar and Ors. Vs Vasant B. Walawalkar

Shri a.S.Nanjunda Shetty Vs Tata Finance Ltd. and Anr.

Domnic Francis Pereira Vs Joseph Paul Pereia and Ors.

M/S. Ashish Estate and Prop Erties Services Pvt. Ltd. Vs M/S. Shree Anandeya Inves Tments Ltd.

Smt. Sushila S. Singh and a Nr. Vs Ms. Laxmi S. Singh and Anr.