- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi SUIT NO.373 OF 1982. Manohar Vasudeo Chhabria & Ors. ..Plaintiffs. vs. Ramesh Ramchand Chhabria & Ors. ..Defendants. .... Mr.Cyrus Ardheshir, i/b. Kanga & Co., for Plaintiffs. Mr.Anand Chhabria, Plaintiff No.3, in person. Mr.Deepak Chhabria, Plaintiff No.2, in person. Mr.Manohar V. Chhabria, Plaintiff No.1, in person. Mr. Ranjit Bhonsale, a/w. Ms. Dimple Shah, a/w. Mr.A.S. Pal, i/b. Mulla & Mulla, for Defendant Nos.1, 2 & 3. Mr. Ramesh Chhabria, Defendant No.1, in person. Ms.Pushpa Chhabria, Defendant No.3, in person. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 4TH MARCH, 2009 : 4TH MARCH, 2009 : 4TH MARCH, 2009. P.C.: P.C.: P.C.: . This suit pertains to the dissolution of the partnership firm, namely Chhabria Investments. The plaintiff and defendant nos. 1 to 3 are the partners of the said Chhabria Investments. Defendant no.4 was joined as party defendant to the suit because defendant no.4 was conducting the business of the partnership firm for some time. In any event, the plaintiff as well as the defendant nos. 1, 2 & 3 admit that as of date defendant no.4 has nothing to do with the business of Chhabria Investments or its assets/liabilities. - 2 - 2. On 15th December 2004, consent terms were entered into by and between the plaintiffs and defendant nos.1, 2 & 3 in the notice of motion no.1035/2004 taken out by the plaintiffs. The said notice of motion was disposed of in terms of the consent terms dated 15th December 2004. 3. Under clause (1) of the said consent terms, the plaintiffs and defendant nos.1,2 & 3 have set out their respective shares in the partnership firm. Under clause (2) of the consent terms, it is agreed between the parties that the suit firm M/s. Chhabria Investments stands dissolved with effect from 24th March 1982 without passing accounts. Under clauses (3) & (4) of the consent terms, the parties have agreed that they have no claim of whatsoever nature against each other in respect of the partnership firm and they have also withdrawn allegations made by them against each other. Under clause (5) of the consent terms, the Court Receiver, High Court, Bombay, appointed as Receiver in respect of the partnership premises at ground floor, Plot No.353, Mahim, Mumbai-400 016, was directed to pay a sum of Rs.8,00,000/- from the balance amount lying with the Court Receiver amongst the parties to the suit - 3 - as per their respective shares mentioned in paragraph 1 of the consent terms. However, it was agreed between the parties that the Court Receiver shall continue to be in possession of the suit premises until further orders of this Court. Under clause (6) of the consent terms, the parties have agreed to pay in future the liabilities and other outgoings of the suit partnership firm, proportionate to the ratio of the shares in the partnership firm mentioned in clause (1). 4. Learned Advocates appearing for the Parties and the parties appearing in person admit before this Court that in fact by the said consent terms dated 15th December 2004, the entire suit has been worked out between the parties except that in the said consent terms, parties agreed that the possession of the partnership premises would continue to be with the Court Receiver until further orders of this Court. 5. The suit has now come up for final hearing. The learned Advocates for the plaintiffs as well as defendant nos. 1, 2 & 3 and the plaintiff nos.1, 2 & 3 and defendant Nos. 1 & 3 who are present in Court, agree to the following final orders being passed in the - 4 - suit:- (i) The suit stands disposed of in terms of clauses (1), (2), (3), (4) and (6) of the consent terms dated 15th December 2004 which are already taken on record by this Court [Coram : D.K.Deshmukh,J.] in notice of motion no.3572/2004 in the above suit. (ii) The Court Receiver, High Court, Bombay, who is appointed as Receiver of the partnership premises to stand discharged after receiving his cost, charges and expenses. (iii) The Court Receiver to hand over possession of the partnership premises to the plaintiffs as well as defendant nos. 1, 2 & 3, within a period of six weeks from today subject to receiving his cost, charges and expenses. (iv) The plaintiffs and defendant nos.1, 2 & 3 shall continue to be jointly in possession of the suit premises. However the plaintiffs and/or defendant nos. 1, 2 & 3 shall not deal with and - 5 - or dispose of and/or part with possession and/or create any third party rights including not entering into leave and license agreement in respect of the said partnership premises without the express consent of the plaintiffs and defendant nos. 1, 2 & 3 in writing. (v) The plaintiffs as well as defendant nos. 1, 2 & 3 shall pay all the future charges and outstandings on and from 15th December 2004, in respect of the said partnership premises as per their shares set out in paragraph 1 of the consent terms dated 15th December 2004. (vi) In the event of the plaintiffs and defendant nos.1, 2 & 3 succeeding in the suit filed in Small Causes Court, Bombay, by the landlord against them, they shall sell the tenancy rights in the said partnership premises and distribute the proceeds received, as per the shares set out in paragraph 1 of the consent terms dated 15th December 2004. 6. The Court Receiver to act upon an authenticated - 6 - copy of this order. 7. In view of the above order, the suit stands disposed of with no orders as to costs. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]