1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 856 OF 2010 IN NOTICE OF MOTION NO. 1769 OF 2009 IN SUIT NO. 1199 OF 2009 NARAYAN DANABHAI PARMAR & ORS …APPELLANTS Vs DHANSUKH RAMJI RATHOD & ORS. …RESPONDENTS ALONGWITH APPEAL (L) NO.874 OF 2010 IN NOTICE OF MOTION NO. 1768 OF 2009 IN SUIT NO. 1198 OF 2009 VEENA KISHOR RATHOD & ORS. …APPELLANTS Vs DHANSUKH RAMJI RATHOD & ORS. …RESPONDENTS ALONGWITH APPEAL (L) NO. 879 OF 2010 IN NOTICE OF MOTION NO. 1768 OF 2009 AND NOTICE OF MOTION NO. 1899 OF 2009 IN SUIT NO. 1198 OF 2009 NARAYAN D. PARMAR & ANR. …APPELLANTS 2 Vs DHANSUKH RAMJI RATHOD & ORS. …RESPONDENTS ALONGWITH APPEAL (L) NO. 880 OF 2010 IN NOTICE OF MOTION NO. 1769 OF 2009 AND NOTICE OF MOTION NO. 1900 OF 2009 IN SUIT NO. 1199 OF 2009 KISHOR RAMJI RATHOD & ORS. …APPELLANTS Vs DHANSUKH RAMJI RATHOD & ORS …RESPONDENTS ALONGWITH APPEAL (L) NO. 902 OF 2010 IN NOTICE OF MOTION NO. 1768 OF 2009 IN SUIT NO. 1198 OF 2009 DHANSUKH RAMJI RATHOD …APPELLANT VS. NARAYAN DANABHAI PARMAR & ORS. …RESPONDENTS Mr. Arif Bookwala, Senior Advocate, with Mr. F.E.D’Vetre, Senior Advocate, Mr. Simil Purohit a/w. Premlata Bachani i/b. M/s.I.R. Joshi & Co. for Appellants in Appeal (L) Nos. 856/2010, 874/2010, 879/2010 and 880/2010 and for Respondents in Appeal (L) No. 902 of 2010. Mr. Nitin Thakker, Senior Advocate with Ms. Alpana Ghone & Mr. 3 Gobindra C. Mohanty i/b. Kirit Damania & Co. for Respondent No. 1 in Appeal (L) Nos. 856/2010, 874/2010, 879/2010 & 880/2010 & for Appellants in Appeal (L) No. 902 of 2010. CORAM: MOHIT S. SHAH, C.J. & S.J.KATHAWALLA, J. DATE: 31st JANUARY, 2011. P.C. 1. All the above Appeals are directed against the interim order dated 25th October, 2010 passed by the learned Single Judge. 2. The learned Senior Advocates appearing for the parties on instructions from their clients who were present in Court have agreed that the following order be passed by consent of the parties: (i) The property at Dahisar in the building named ‘Kedarnath’ which was earlier given on rent to M/s Aparna Motors for Toyota showroom comprising of basement, ground floor and first floor is allotted to the original Plaintiff Dhansukh Ramji Rathod in Suit Nos.1198 of 2009, 1199 of 2009, 151 of 2010 and Defendant No.1 in Suit No.1422 of 2009; (ii) Over and above the aforesaid allotment, the Defendants- partners in Suit Nos.1198 of 2009, 1199 of 2009, 151 of 2010 and the Plaintiff in Suit No.1422 of 2009 shall pay to the Plaintiff in Suit 4 Nos.1198 of 2009, 1199 of 2009, 151 of 2010 and Defendant No.1 in Suit No.1422 of 2009 a sum of Rs.2,75,00,000/-(Rupees Two Crores Seventy Five Lacs only) in full and final settlement of all his claims including return of capital within eight weeks from today in two installments. The first installment of Rs.1,50,00,000/- (Rupees One Crore Fifty Lacs only) shall be paid on or before 1st March, 2011 and the second installment of Rs. 1,25,00,000/-(Rupees One Crore Twenty Five Lacs only) shall be paid on or before 31st March, 2011. (iii)Till the full amount of Rs.2,75,00,000/- is paid to the Plaintiff in Suit Nos.1198 of 2009, 1199 of 2009, 151 of 2010 and Defendant No.1 in Suit No. 1422 of 2009, the Defendants-partners shall not sell, dispose off, alienate, encumber, part with possession and/or create third party rights in respect of the property on the ground floor in Dhruv building at Prarthana Samaj Road, Vile Parle (East), admeasuring 4,000 sq.ft.(built up) where FIGURE IN Health Centre Gym was being run. (iv)The Defendants-Partners in Suit Nos.1198 of 5 2009, 1199 of 2009, 151 of 2010 and Plaintiff in Suit No.1422 of 2009 undertake to this Court to comply with the obligations contained in clauses (ii) and (iii) above. (v)All other partnership properties and liabilities, stand allotted to the Defendants-partners in Suit Nos.1198 of 2009, 1199 of 2009, 151 of 2010 and the Plaintiff in Suit No.1422 of 2009. (vi)The Court Receiver appointed in respect of the properties pursuant to the order dated 24th July 2009 and confirmed in the Order dated 25th October 2010 stands discharged forthwith without passing of accounts but upon payment of costs and charges payable to the Court Receiver as provided in clause (vii) herein. (vii)All the amounts deposited by the Defendants in Suit Nos.1198 of 2009 and 1199 of 2009 and amounts lying with the Court Receiver except the amount of Rs.65,000/- deposited by the Plaintiff shall be refunded by the Court Receiver to the Defendants in Suit Nos.1198/2009, 1199/2009, 151/2010 and Plaintiff in Suit No.1422 of 2009 6 after adjusting his cost, charges and expenses. The amount of Rs.65,000/- deposited by the Plaintiff in Suit Nos.1198/2009, 1199/2009 and 151/2010 shall be refunded to the Plaintiff’s Advocates M/s.Kirit N.Damania & Co. (viii)The Court Receiver shall hand over the premises allotted to the Plaintiff and described in clause (i) above directly to the Plaintiff within a period of one week from today. The Defendant-partners through their counsel state that the Occupation Certificate in respect of the said premises is already received. A notarized copy thereof shall be supplied to the Plaintiff. The Plaintiff and/or his nominee shall be made member of the Co- operative Society that may be formed of the occupants of Kedarnath Building on payment of necessary membership fees and other charges payable by other occupants. The Court Receiver shall handover the possession of all other properties including the books of accounts, vouchers, cheques, agreements etc. of the partnership firms of which possession was taken over by the Court Receiver pursuant to the Order dated 24th July 2009 to M/s. I. R. Joshi & Company, 7 Advocates & Solicitor of the Defendants. The Court Receiver shall also handover the amounts referred in clause (vii) payable to the Defendant- partners to M/s I.R.Joshi & Co., Advocates & Solicitor. (ix)Upon passing of this order and in view of the undertakings contained in clauses (ii) and (iii) above Mr. Dhansukh Rathod and Mrs. Manjula D. Rathod forthwith stand retired from all the respective partnership firms being subject matter of Suit Nos. 1198 of 2009, 1199 of 2009 and 151 of 2010 and Defendant No.1 in Suit No.1422 of 2009 and shall issue letters to the Defendants- partners or the Plaintiff partner as the case may be recording his/her retirement from all the partnership firms and shall also co-operate with the Defendants-partners or the Plaintiff partner as the case may be by executing all the necessary documents giving up all his/her claims in the partnership firms. Similarly the Defendants- partners or the Plaintiff partner shall also co- operate with the Plaintiff and the Defendant Parters as the case may be in executing all the necessary documents. Parties shall jointly 8 address letters to the Bankers of the firm to defreeze the accounts forthwith. (x)Save and Except what is recorded hereinabove, the parties shall not have any claim of whatsoever nature against each other qua the subject matter of the above Suits. (xi)In view of the above the notices of dissolution of all firms hereby stand withdrawn. (xii)The above five Appeals alongwith Notice of Motion Nos.1768 of 2009, 1769 of 2009, 1899 of 2009 and 1900 of 2009, 2036 of 2009, 209 of 2010 and Suit Nos.1198 of 2009, 1199 of 2009, 1422 of 2009 and 151 of 2010 and Contempt Petition No.16 of 2010 are hereby disposed off. 3. Refund of Court fees as per rules. 4. The Court Receiver to act on an ordinary copy of this order duly authenticated by the Court Associate. CHIEF JUSTICE (S.J.KATHAWALLA, J)