Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 864/2020 in Suit No. 4831/11. 1 Order.
(Old N/m No. 3706/11 in Old H.C.Suit No. 3031/11).
MHCC010023762020
Presented on : 25-02-2020
Registered on : 25-02-2020
Decided on : 21-09-2022
Duration : 2 years, 6 months, 25 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 864 OF 2020
(Old Notice Of Motion No. 3706 Of 2011)
IN
SUIT NO. 4831 OF 2011
(Old High Court Suit No. 3031 Of 2011)
Smt. Prafulla Jaya Shetty and others )...Plaintiffs
Versus
Manohar Jaya Shetty and one )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
(Incharge of Court Room No.63).
DATE : 21st SEPTEMBER, 2022.
Miss R.C.Nichani, Advocate for the plaintiffs.
Defendant no.1 in person.
Shri Bhaven Gada, Advocate for defendant no.2.
ORDER
1. The plaintiffs have taken out Notice of Motion No.
864/2020 (Old Notice of Motion No. 3706/2011) for directions to the
defendants to disclose the particulars and details of all the Conducting
Agreements executed between the defendants in respect of Shree
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N/m No. 864/2020 in Suit No. 4831/11. 2 Order.
(Old N/m No. 3706/11 in Old H.C.Suit No. 3031/11).
Krishna Veg. Restaurant carried on at 524, Sandhurst Building, S.V.P.
Road, Opera House, Mumbai – 400 004 (for short, 'the restaurant').
Second prayer is for appointment of the Court Receiver of the
restaurant business and as also of all books of accounts, documents etc.
Third prayer is relating to temporary injunction restraining the
defendants from parting with possession and/or creating any third party
rights in the restaurant business. Perused notice of motion and affidavit
in replies filed by defendants no.1 and 2. I have also gone through the
suit proceedings. Heard learned counsel Miss R.C.Nichani for the
plaintiffs, defendant no.1 in person and learned counsel Shri Bhaven
Gada for defendant no.2.
2. On perusal of the record, it appears that the plaintiffs have
filed the suit against defendants no.1 and 2 for declaration that the
plaintiffs and the defendants have equal shares in the business of the
restaurant. It is also prayed for rendering full and true accounts of the
business and for disclosing particulars of all the Conducting
Agreements.
3. Learned counsel R.C.Nichani has fairly submitted that
defendant no.1 has already handed over possession of the restaurant to
defendant no.2 in the year 2012. It is also reflected in reply of
defendant no.2. She submitted that prayer clause (c) has become
infructuous and prayer clause (b) can be allowed to the extent of books
of accounts and documents.
4. Similarly, learned counsel Shri Bhaven Gada has shown
readiness to produce available copies of the Conducting Agreements as
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N/m No. 864/2020 in Suit No. 4831/11. 3 Order.
(Old N/m No. 3706/11 in Old H.C.Suit No. 3031/11).
demanded in prayer clause (a).
5. Defendant no.1 in person has raised objection regarding
nonjoinder of necessary parties by not adding to HUF as party to the
suit. He further submitted that amounts were deposited in the account
of HUF. According to him, particulars of HUF business are available
with the Chartered Accountant who looks after the affairs of the
plaintiffs as well as defendant no.1. Defendant no.1 further submitted
that he is ready to provide details of accounts regarding the said
business to the plaintiffs.
6. In short, the plaintiffs alongwith defendant no.1 being
members of Hindu Undivided Family are interested in getting
particulars of the restaurant business conducted by defendant no.1 as
Karta of the family. Therefore, present notice of motion can be allowed
partly to the extent of providing Conducting Agreements and books of
accounts and documents pertaining to the said HUF business by the
defendants to the plaintiffs. Considering rival submissions and material
on record, I pass the following order :
ORDER
1. Notice of Motion No. 864/2020 (Old Notice of Motion No.
3706/2011 in Old High Court Suit No. 3031/2011) is made
absolute in terms of prayer clause (a) and partly in terms of
prayer clause (b).
2. The defendants are directed to disclose the particulars and
details of all the Conducting Agreements executed between
them in respect of restaurant Shree Krishna Veg.
Restaurant at Vihar Coffee House, S.V.P. Road, Opera
House, Mumbai – 400 004 within period of two months
from the date of this order.
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N/m No. 864/2020 in Suit No. 4831/11. 4 Order.
(Old N/m No. 3706/11 in Old H.C.Suit No. 3031/11).
3. Defendant no.1 is directed to provide all books of accounts,
documents, files, papers and agreements and licenses
pertaining to the restaurant to the plaintiffs within period
of two months from the date of this order.
4. Proceeding of N/m No. 864/2020 (Old N/m No.
3706/2011 in Old High Court Suit No. 3031/2011) is
closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
(Incharge of Court Room No.63)
Date : 21/09/2022. Mumbai.
1. Dictated on : 21/09/2022.
2. Transcribed on : 22/09/2022.
3. Signed on : 23/09/2022.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/09/2022. 11.45 a.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 21/09/2022.
Judgment/Order signed by P.O. on 23/09/2022.
Judgment/Order uploaded on 23/09/2022.
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