-: 1 :- appeal-1018/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 1018 OF 2010 Aba Piraji Shingte. ..Appellant. Versus M/s. Shingte Construction Company & Others. ..Respondents. Mr. V. S. Kapse for the appellant. Mr. M. U. Pandey for R-2. Mr. P. K. Dhakephalkar, senior advocate a/w Mr. Shashipal Shanikar and P. P. Bhalbar for R-3. Coram : SMT. RANJANA DESAI & RANJIT MORE, JJ. Date : October 12, 2010. P. C. : 1. This appeal is filed by the original plaintiff. The suit is filed inter-alia seeking declaration that the Deed of Retirement dated 22nd January 1987 and Deed of Dissolution dated 1st July 2008 are forged and fabricated. In this suit, the plaintiff has taken out the notice of motion inter-alia praying for appointment of the Court Receiver and for injunction restraining the defendants from in any manner disposing of or alienating the suit properties. By the impugned order, the learned Single Judge has refused the ad-interim relief and notice of motion was adjourned. The moot question is whether the plaintiff has retired from the firm in question. Counsel for the plaintiff and counsel for the defendants relied upon certain documents in support of their case, which were obtained or received from the office of srp -: 2 :- appeal-1018/10 Registrar of Firms. Defendants’ counsel relied upon copy of the intimation given by the defendants to the Registrar of Firms regarding the re-constitution of the firm in question. Counsel for the plaintiff, on the other hand, relied upon certain documents which are stated to have been received under the Right to Information Act from the office of the Registrar of Firms, which according to the plaintiff indicate that the alleged change is not recorded in the record of the Registrar of Firms. Learned Single Judge has observed that the Registrar of Firms can be directed to produce the relevant record. We are in agreement with learned Single Judge. For the proper adjudication of the dispute between the parties, it is necessary to peruse the record of the Registrar of Firms. At this stage, therefore, no order can be passed on the motion except recording statement of learned counsel for the respondents-defendants that till such time as the present notice of motion is finally disposed of, the defendants shall not create any third party interest or dispose of the properties situated at Khopoli, which are described in Exhibit-I at “B”. This order, obviously, is without prejudice to the rights and contentions of the defendants. We expedite the motion. Appeal is disposed of. (Ranjit More, J.) (Smt. Ranjana Desai,J.)