1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.719 OF 2004 IN NOTICE OF MOTION NO.129 OF 2003 IN INSOLVENCY NOTICE NO.N/141 OF 2003 Nirav & Company & Another .. Appellants. V/s. Rajesh P. Mehta .. Respondent. Mr.Tushar Garodia i/b. Ms.Snehal Bawalia for the appellants. Mr.K.T. Kukreja i/b. Kukreja & Co. for the respondent. CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 15TH DECEMBER, 2004. DATED : 15TH DECEMBER, 2004. DATED : 15TH DECEMBER, 2004. P.C. : Heard Mr.Tushar Garodia, the learned counsel for the appellant and Mr.K.T. Kukreja, the learned counsel for the respondent. 2. It is not in dispute as was not in dispute before the learned single Judge that the writ of summons was served upon the appellant No.2 as a partner of the firm namely Nirav & Co. In this view of the matter, the learned single Judge cannot be said to have erred in holding that the decree was 2 executable against the partner (judgment debtor No.2) by virtue of provisions contained in Order 21 Rule 50(1)(c) of the Civil Procedure Code. 2. The appeal does not have any merit and is dismissed in limine. (R.M. LODHA, J.) (R.M. LODHA, J.) (R.M. LODHA, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)