NMS3090-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3090 OF 2010 IN SUIT NO.2846 OF 2010 Sushil D. Barot .. Plaintiff Versus New Aram Restaurant & Ors. .. Defendants Ms.Kejal Kamdar for plaintiff Mr.S.M.Shettigar for defendant Nos.4 and 6 Ms.Manisha Kapadia for defendant No.7 Mr.Rajesh Kachare for defendant Nos. 1 to 3 Mr.P.G.Lad for defendant No.5 CORAM : S.C.DHARMADHIKARI, J. DATE : 24th November 2010. P.C.: 1] The suit is filed for dissolution of partnership firm and accounts and during the pendency of notice of motion for interim reliefs, partners have discussed, negotiated and settled their disputes amicably. 2] There is a Chamber Summons No.1554 of 2010. By consent of NMS3090-10 2 parties, the same is made absolute in terms of prayer clauses (a) and (b). Amendments to be carried out forthwith. Newly added defendant is represented by an Advocate who waives service. 3] It is stated that all defendants are duly served and each one of them is present either in person or represented by their authorised representatives. 4] The consent terms are signed by them and plaintiffs are tendered. 5] All parties agree that this Court need not pass a preliminary decree under Order XX Rule 15 of CPC because the shares have been declared, the date on which the partnership firm shall stand dissolved is agreed and even the accounts are admitted. There is nothing left to be done and, therefore, the consent terms enabling this Court to pass final decree dissolving the firm and settling the accounts be taken on recored and an order be passed accordingly, is the request. NMS3090-10 3 6] With the assistance of the learned Counsel, I have perused the consent terms which stipulate that M/s.New Aram Restaurant is a registered partnership firm in which the plaintiff and defendants are partners and particularly the defendant Nos. 1 to 6. 7] Defendant No.7 is the landlord/ owner of the building/ property in which the business of the firm was being conducted. The parties are related to each other and that is how they have decided now that the business should come to an end, the firm to stand dissolved with effect from 20th August 2010. 8] The deed of partnership states that one of the partners brought into the firm, tenancy rights created in his favour and that is how firm's business was being conducted from the tenanted premises. Now the landlord has come forward and stated that the firm ceases to exist and stands dissolved but erstwhile partners have approached him with a request that firm's business having come to an end, the area/ NMS3090-10 4 portion occupied by the firm may be permitted to be occupied individually by each one of them as tenant and individual rent receipts be issued in their names. Thus, firm's rights as tenant would come to an end but to be substituted by tenancy rights of persons who were at one time partners. 9] All this has been recorded and equally it is recorded that parties have withdrawn their allegations against each other. There is no other asset of the firm and shares of the partners are as enlisted in clause 7 of the terms. There being no dispute, each one states that having perused the accounts, they agree that the accounts are correctly reflecting the position emerging from the business of the firm. There is no dispute about the entries and, therefore, the accounts are also settled. Each one of them confirm that they do not have to receive any money from the other and, therefore, pray that the firm be dissolved and accounts settled by taking the terms on record. 10] The parties present in court have perused the terms and NMS3090-10 5 understood them with their consequences and implications. They state that they are familiar with the language in which the terms have been prepared and, therefore, there is no question of any misunderstanding or misinterpretation of the terms. The terms have fully recorded their understanding and arrangement which is voluntary and without any force. Those not present confirm the terms through their Authorised Signatory. They are already explained the terms. 11] They have impleaded the landlord only to enable this Court to pass a complete and final decree. 12] In these circumstances, having satisfied myself that the terms do not contravene provisions of any law nor are they against public interest that I take them on record and mark them as "X" for identification. 13] The suit is decreed in terms of terms of the consent terms. NMS3090-10 6 There will be no order as to costs. Notice of motion does not survive in the light of disposal of the suit and is dismissed as such. Refund of court fees as per rules. 14] The landlord who is defendant No.7 states that there is a plan annexed to the terms, based upon which, now the tenancy rights will be created in favour of individuals and all agree and accept the plan as annexed, so also the landlord. (S.C.DHARMADHIKARI, J)