: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2272 OF 2002 ALONGWITH CIVIL APPLICATION NO.1295 OF 2003 ALONGWITH CIVIL APPLICATION NO.6158 OF 2007 IN FIRST APPEAL NO.668 OF 2002 Farhang Boman Irani & Anr. ... Applicants V/s. Nadeem Mohsinbhai Suleman & Ors.... Respondents Mr. R.M. Dandekar for Applicant No.2. Mr. A.S. Naik for Respondent Nos.1 and 2. Ms. Geeta Mulekar, AGP, for Respondent No.3. Ms. Varsha Jain with Ms. Preeti Shah i/b. Mulla & Mulla for Respondent No.4. CORAM: SMT. NISHITA MHATRE, J. DATED: 4 th AUGUST, 2009. P.C.: 1. These Civil Applications have been filed by the applicants for interim reliefs during the pendency of the First Appeal. 2. Civil Application No.1295 of 2003 is an application made for a direction against : 2 : respondent Nos.1 and 2 to pay Rs.3,000/- per month from March, 1996 till April, 2003 and to continue to make such payments every month. 3. The Civil Application No.2272 of 2002 has been filed for various reliefs including a stay of the impugned judgment and various other reliefs such as restraining the respondents from dealing with or disposing of or parting with possession of the suit premises and for including the names of the appellants in the partnership business. 4. The Civil Application No.6158 of 2007 has been filed for appointment of the Court Receiver in respect of the partnership business namely M/s. Mahabharat Bakery situated at Plot No.3, 117, Acharya Donde Marg, Sewree, Mumbai 400 015. 5. Heard the learned counsel for the parties. The prayers made in Civil Application Nos.1295 of 2003 and 6158 of 2007, in my opinion, cannot be granted. The impugned judgment and order of : 3 : the trial court indicates that the names of the appellants are not included in the partnership and therefore today it would not be possible to grant the reliefs claimed in Civil Application No.1295 of 2003 for making payments month to month to the appellants. Furthermore, the Civil Application for appointment of a Court Receiver again cannot be granted as there is no evidence on record, prima facie, to indicate that there is some semblance of a right in favour of the appellants from the partnership. However, the respondent Nos.1 and 2 shall keep accounts of all transactions of the partnership henceforth which shall be produced in court when called upon to do so. 6. As regards Civil Application No.2272 of 2002, the learned Advocate for respondent No.4 submits that the suit premises have been leased by the Port Trust to respondent Nos.1 and 2 and, therefore, no orders which are adverse to the interest of respondent No.4 be passed in these proceedings. : 4 : 7. The learned Advocate for respondent Nos.1 and 2 states that there are no other partners besides respondent Nos.1 and 2 in respect of M/s. Mahabharat Bakery situated at Plot No.3, 117, Acharya Donde Marg, Sewree, Mumbai 400 015. He further states that respondent Nos.1 and 2 will not dispose of the suit premises or their partnership business during the pendency of the First Appeal. These statements are accepted. 8. The Civil Applications stand disposed of. .......