1 chs.1307.2010-s.2471.1984.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1307 OF 2010 IN SUIT NO. 2471 OF 1984 Jitendra Nanalal Trivedi ...Plaintiff Vs. Ramesh Nanalal Shah & Ors. ...Defendants And Ravindra Manharlal Shah ...Respondent And Hansa Gauri Chimanlal Modi & Ors. ...Proposed Defendants Mr. Vishal Thaker i/b. Vinod Thaker for Plaintiff Mr. G.K. Vora for Defendant No.1(a) & 6 Mr. Hemang Raythatta a/w. Mr. Jayesh Mistry i/b. RMG Law Assoc., for Defendants 3(a) to 3(c) & 7 Mr. S.C. Naidu i/b. C.R. Naidu & Co., for Defendant No.5. CORAM : SMT. ROSHAN DALVI, J. DATED : 5TH JULY, 2011 P.C. : 1. The suit has been disposed off by virtue of a decree in terms of the Consent Terms signed by the partied dated 24 th December 1999. Refund of the Court fees as per rules has been granted on 24 th December 1999. 2. Under the said Consent Terms provisions were made for ascertainment of the shares of the partners of the dissolved suit partnership firm as well as specific properties and payments to creditors. Parties also agreed with regard to the acts of the Court Receiver who was appointed pending the suit. The Court Receiver 2 chs.1307.2010-s.2471.1984.sxw was discharged and was directed to perform certain acts in settlement of the claim of the Plaintiff. Even certain 3 rd party claims was specifically settled. 3. The Plaintiff must execute the said Consent Terms, if there is any breach. 4. The parties entered into another Consent Terms for modification of a certain part of the Consent Terms relating to the surrender of 3 rd party which was made Defendant No.5 in the suit. 5. The Plaintiff has to execute the second Consent Terms. The Plaintiff has taken out this Chamber Summons essentially for directions to the Court Receiver in execution. The Court Receiver has been discharged. The Court Receiver, therefore, cannot be appointed in execution. The Plaintiff must execute his own decree. 6. It may be mentioned and clarified that the only dispute is with regard to a certain power of attorney executed by a partner of the firm of Defendant No.5 in favour of another partner who was his son and who is absent from India. Since the power of attorney does not mention the specific title of the document to be executed being a Deed of Surrender, a further power of attorney was required to be executed by a Solicitor who was appointed Mediator by the partners. That execution has not been effected. 7. It may be mentioned that if the power of attorney is a general power to execute deeds and documents the specific title of the deed or 3 chs.1307.2010-s.2471.1984.sxw document to be executed need not be recited in that power of attorney. The execution of the deed, by whatever name called, must be made by the Constituted Attorney on behalf of his principal. With that observation no further directions sought which are in the nature of execution can be granted in this Chamber Summons. 8. The Chamber Summons is also to amend the plaint as some of the parties have expired. The plaint cannot be amended in a suit which is disposed off, in which the Court Receiver is discharged and in which the Court fees are refunded. The amendments, however can be made in the execution application. 9. Consequently, the Chamber Summons is dismissed. (SMT. ROSHAN DALVI, J.)