1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1836 OF 2000 Sameer Kanubhai Sagar & ors .. Plaintiffs V/s Haresh K. Parekh & anr. ..Defendants Mr.Vivek Kantawala i/b.M/s.Kantawala & Co., Advocate, for the plaintiffs Ms.Renuka Lele i/b.M/s.H.Mehta & Co., Advocate, for the defendants Mr.Ajay Khaire i/b.M.S.Bodhanwala & Co., Advocate, for the Intervenor (Abhu Dhabi Commercial Bank Limited) CORAM : R.M.SAVANT, J. DATE : 4TH DECEMBER, 2008 P.C. . In the above suit substantive relief sought is as under :- (a) That it may be declared that the suit firm namely, “M/s.K.K.Enterprises” having its registration No. BA 70007 stood dissolved with effect from the date of filing of the suit or from such other date as may be fixed by this Hon'ble Court. 2. The defendants have not filed their Written Statement and 2 therefore, the case of the plaintiffs' has gone uncontroverted and unchallenged. In so far as other reliefs are concerned, they are all interim reliefs which were sought pending the suit. The learned counsel for the plaintifffs states that the only asset of the partnership firm being land and building at Borivali has already been sold by the Bank to which it was mortgaged in the course of the proceedings before the D.R.T by way of auction. The Bank who is the intervenor, is therefore now no more concerned with the reliefs sought in the plaint. The plaintiffs are, therefore, entitled to a decree under Order VIII, Rule 10 of the Code of Civil Procedure, 1908, as the defendants have failed to file the Written Statement. The suit is, therefore, decreed in terms of prayer clause (a). The dissolution of the firm would be from the date of filing of the above suit. Decree to be drawn up accordingly. Refund of Court fees, if any, as per rules. (R.M.SAVANT, J.) 3