Full Order Text
Final Order 1 · 12 Feb 2025 · CNR MHCC010130232019
Order Details: Notice of Motion Pdf Text: N. M. No.4764 of 2019 -: 1 :- C. S. No.545 of 2021 MHCC010130232019 IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY ORDER IN NOTICE OF MOTION NO.4764 of 2019 IN COMMERCIAL SUIT NO.545 OF 2021 (OLD S. C. SUIT NO.2899 OF 2019) Suresh Dhanraj Mehta. … Plaintiff. V/s. M/s. Vaibhav Metals & Anr. … Defendants. CORAM: HIS HONOUR JUDGE SHRI A. S. KAZI (COURT ROOM NO.14) DATE : 12.02.2025. -: Appearances: - Adv. Sanket Mungale a/w. Adv. Swapna Khemlapure for the plaintiff. Adv. Vaibhav Ghogare a/w. Adv. Krutika Joshi for the defendant. ORAL ORDER 1) Heard both sides through their respective advocates. 2) In view of the above, the following points arise for determination before me and I record my findings thereon for the reasons enumerated hereinafter; -- 1 of 18 -- N. M. No.4764 of 2019 -: 2 :- C. S. No.545 of 2021 Sr. No. Points Findings 1. Whether the notice of motion, deserves to be allowed? In the Negative. 2. What Order? As per final order. REASONS As to point no.1: 3) At the outset, it needs to be mentioned here that apart from the oral arguments advanced before the court, Ld. Advocate for the plaintiff and the defendant No.2 also submitted their written submissions which are taken into account while deciding the above notice of motion. The suit is for dissolution of partnership firm i.e. defendant No.1 and also for seeking directions against defendant no.2 to render true and faithful accounts relating to the affairs of the defendant No.1 firm. 4) In support of the above notice of motion, the Ld. Advocate for the plaintiff made the following submissions:- a) Originally in the year 1986, the plaintiff and defendant No.2 started the business of selling non-ferrous metal and scrap by forming defendant No.1. Accordingly, a Deed of Partnership dated 15.04.1986 was also executed between the parties stating various terms and conditions. As per Deed, the profit and loss sharing between the plaintiff and the defendant No.2 was 10 : 89 respectively and 1% was for charity. The duration of the said firm is a Partnership at Will. b) In the year 1989, the plaintiff and the defendant No.2, executed an Addendum to Partnership Deed dated 01.04.1989. By way of said Addendum (Clause 1 thereof) the profit and loss sharing between the -- 2 of 18 -- N. M. No.4764 of 2019 -: 3 :- C. S. No.545 of 2021 plaintiff and the defendant No.2 was changed to 40 : 59 respectively and 1% for charity. Rest of the terms continued to be as per original Deed dated 05.04.1986. c) In the year, 1990, the plaintiff and the defendant No.2 executed another Addendum to Deed of Partnership dated 01.11.1990, whereby the place of the business of the defendant No.1 was decided to 44, Taibai Niwas, 1st Carpenter Street, CP Tank, Mumbai 400 004. d) In the year 1993, a Supplementary Deed of Partnership dated 18.03.1993 was executed between the plaintiff and the defendant No.2, in view of the amendment in the Income Tax Act 1961, at the time to add the terms with respect to the remuneration to the working partner and interest to the partners. e) It is submitted that, since 01.04.1989 till date the profit and loss sharing between the plaintiff and the defendant No.2 has been 40 : 59 respectively and 1% for charity. It is further stated that, since there was no business carried on from 2009-10, the last audited balance sheet of the defendant No.1 was for the year 2009-10. The same has been duly admitted by the defendant No.2. Even as per the said last audited balance of defendant No.1, the profit and loss sharing between the plaintiff and the defendant No.2 is 40:59 respectively. f) It is further submitted that, even as per the income tax returns of the defendant No.1 produced by the plaintiff for the assessment years 2007- 08, 2008-09, 2009-10 and 2010-11, it can be clearly seen that, the percentage of shares between the plaintiff and the defendant No.2 has been 40 : 59 respectively. g) In view of the aforesaid facts and circumstances, it is absolutely clear beyond any doubts that the profit and loss sharing between the plaintiff and the defendant No.2 is 40 : 59 respectively. However, the defendant -- 3 of 18 -- N. M. No.4764 of 2019 -: 4 :- C. S. No.545 of 2021 No.2 with malafide and dishonest intention has denied the said profit and loss sharing of 40 : 59 and he is claiming that the profit and loss sharing is 10 : 89. The dishonesty of the defendant No.2 can be seen as there contradictory to last audited balance sheet (Exhibit-E) and Income Tax Returns of the defendant No.1 (Exhibit-F Colly). Submissions by Plaintiff on Non Dissolution of Defendant No.1 Firm:- a) It is submitted that, by bare perusal of the last audited balance sheet, it can be clearly seen that, the accounts were not drawn for the purpose of dissolution of the firm in its entirety. It can be clearly seen that, admittedly the defendant No.2 is liable to pay the firm a total sum of Rs.38,36,351.95/- along with the interest accrued till date and the plaintiff is liable to pay the firm a total sum of Rs.1,22,223.06/- along with the interest accrued till date. b) It is further submitted that, even the bank accounts of the firm are not closed by dissolving the firm. 5) It is submitted that the wrong submission is made on behalf of the advocate for defendant No.2 by pointing out page no.47 of the plaint that the monies has been transferred by both the partners to the respective sole proprietary firms i.e. defendant No.2 transfer sum of Rs.26,79,492.07/- to Vaibhav Metals and the plaintiff transferred sum of Rs.30,48,863.29/- to Vivek Enterprise. However, it is submitted that, this is not correct because the carried forward balance by both the partners clearly indicates that the defendant No.2 has overdrawn a sum of Rs.38,36,351.95/- and the plaintiff has overdrawn a sum of Rs.1,22,223.06/-. Therefore, the final accounts were not drawn thereby dissolving the firm and false statement is made in para No.4 of the -- 4 of 18 -- N. M. No.4764 of 2019 -: 5 :- C. S. No.545 of 2021 written statement of the defendant No.2 that the firm is dissolved in the year 2010. 6) In short, it is contended that, if according to the defendant No.2 the firm is already dissolved, then how come such huge amount is still overdrawn in the last audited balance sheet and what is preventing the defendant No.2 from depositing the money overdrawn by him. On one hand, according to the defendant No.2, the firm is dissolved and on the other hand the defendant No.2 is contending that the partner is not debtor of the firm and the partner cannot be directed to deposit until the accounts are finally drawn and the firm is dissolved. Therefore, the contention of the defendant No.2 are contradictory and mutually destructive. Hence, it is submitted that, the plaintiff is seeking direction for depositing the overdrawn amount in the court to prevent any misused and waste of the assets and the properties of the firm. If surplus money can be distributed between the partners after the accounts are finally settled. 7) It is submitted that, there were two bank accounts i.e. 1) Overdraft Account No.06262790000063, HDFC Bank Ltd, Null Bazar Branch, Mumbai and 2) Current Account No.002011100002946 (Old No.2946), Sahebrao Deshmukh Co-Operative Bank Ltd., C. P. Tank Branch, Mumbai. It is submitted that the Current Account No.002011100002946 (Old No.2946), Sahebrao Deshmuk Co-Operative Bank Ltd., C. P. Tank Branch, Mumbai is still active and not closed. However, the Current Account No.06262790000063, HDFC Bank Ltd, Null Bazar Branch, Mumbai was closed in the year 2011. It is submitted that, the defendant No.2 had illegally, without information, knowledge -- 5 of 18 -- N. M. No.4764 of 2019 -: 6 :- C. S. No.545 of 2021 and consent of the plaintiff withdrawn / transferred to the bank account of the defendant No.2 a total sum of Rs.8,23,333/- from the bank accounts of the defendant No.1 as described in para no.23 of the written submission. 8) It is further submitted that, the Court Receiver is required to be appointed in the facts and circumstances of the matter because the firm is not doing any business since the year 2009-10 and there is huge overdrawn money to be paid to the firm by defendant No.2. The defendant No.2 was required to make payment to the plaintiff which can be seen from each and every settlement terms including Exh.1 and 2 of the written statement. But defendant No.2 every time backed out form his liability. Hence, the Court Receiver may kindly be appointed by allowing the notice of motion. The Advocate for plaintiff has placed his reliance on the judgment in the case of Iqbalnath Premnath Anand V/s. Remeshwarnath Premnath Anand and Anr, 1976 SCC OnLine Bom 68. 9) Per-Contra, the Ld. Advocate for the defendant No.2 opposed the Notice of Motion by filling written submissions and submits as under:- a) It is an admitted position that, the partnership had stopped their business in the year 2009 due to disputes between the parties. b) The defendant No.1 firm has also filed its Tax Audit Report for the Financial Year 2009-10. Under the Balance Sheet for Financial Year 2009-10 part of the Tax Audit Report, as per the partner capital account, the plaintiff and the defendant No.2 had transferred the stock from the defendant No.1 firm of their respective proprietary businesses. -- 6 of 18 -- N. M. No.4764 of 2019 -: 7 :- C. S. No.545 of 2021 Further, on perusal of the partners capital account of the defendant No.2 the stock was transferred to Vaibhav Metal (Proprietary of the defendant No.2) and similarly, the remaining stock was transferred to Vivek Enterprise, (Proprietary of the plaintiff). As per the said balance sheet as on 31.03.2010, the stock of defendant No.1 firm was nullified by transferring the same to the plaintiff and the defendant No.2. On perusal of the said Balance Sheet, it is an admitted position that, in Financial Year 2009-10, the plaintiff and the defendant No.2 had respectively started the individual businesses by transferring stocks and goods of the defendant No.1 firm to their respective proprietary firms. c) Similarly, as the disputes increased between the plaintiff and defendant No.2, various family meetings had been arranged to settle the same, as both the parties were brothers. d) It is an admitted fact that on 15.11.2009, as the plaintiff and the defendant No.2 had completely stopped conducting the partnership business due to disputes arising with respect to their joint properties, with the intervention of the elder brother Mr. Gehrilal Mehta of the plaintiff and defendant No.2 an understanding was recorded between both the parties which included properties and assets of partnership firm and joint family. e) Thereafter, due to failure to comply with the said understanding, dated15.11.2009, again with the intervention of Mr. Gehrilal Mehta, the plaintiff and the defendant No.2 on 25.05.2010 recorded an understanding which included properties and assets of partnership firm and joint family. The fact is an admitted position. f) As the partnership business was completely stopped between the both partners, the overdraft A/c. No.06262790000063 was closed on 04.05.2011. Moreover, it is pertinent to note that, the plaintiff and the -- 7 of 18 -- N. M. No.4764 of 2019 -: 8 :- C. S. No.545 of 2021 defendant No.2 were joint signatories of the said account. Also, Current Account No.022011100002946 was operated jointly in Sahebrao Deshmukh Co-operative Bank Ltd. As per the personal knowledge of the defendant no.2, the said Current Account is dormant and lately the said Co-operative Bank merged with Cosmos Co-operative Bank. g) As the disputes between the plaintiff and the defendant No.2 were unresolved, both the parties had completely stopped doing the partnership business and were individually carrying out their proprietary business from the financial year 2009-10. Further, as per the Tax Audited Report for the Financial Year 2009-10, the plaintiff was carrying out proprietary business in the name of Vivek Enterprise from 1st Floor and Defendant No.2 was carrying out proprietary business in the name of Vaibhav Metals from Ground Floor of Taibai Niwal, Building No.44, 1st Carpenter Street, C. P. Tank, Mumbai 400 004. h) Thereafter, again on 15.06.2017, the plaintiff and the defendant No.2 reached and recorded an understanding which was witnessed by various family members. The said understanding was a full and final settlement between the plaintiff and the defendant No.2. 10) It is further submitted on behalf of the defendant that, after gap of 10 years by letter dated 07.03.2019, the plaintiff issued a notice to defendant No.2 contending that, the partnership firm was carrying on business from the ground floor which was stopped in the year 2009 and thereafter, the parties started independent business and that, defendant No.2 requested the plaintiff to allow him to carry on business from the ground floor premises, as he was facing difficulties to find a new place. But by reply dated 28.03.2019, the defendant No.2 informed to the plaintiff that, by mutual agreement ground floor of the building -- 8 of 18 -- N. M. No.4764 of 2019 -: 9 :- C. S. No.545 of 2021 was given to him in notional division of the property while first floor was allotted to the plaintiff. Thereafter, the plaintiff filed a suit bearing (L) No.582 of 2019 before the Hon’ble Bombay High Court for partition. 11) It is further submitted on behalf of the defendant that, the appointment of Court Receiver is a drastic remedy and unless strong prima-facie cases made out, the Court will not appoint the same. In the present matter, such a case is not made out, because of the following reasons:- a) It is an admitted fact that, the defendant No.1firm had stopped carrying its business in the year 2009. b) Plaintiff and defendant no.2 were carrying out their independent businesses as proprietary firms. As per Tax Audit Report for the financial year 2009-10, the plaintiff and the defendant No.2 had transferred stocks appropriately to their proprietary firms. c) The plaintiff and the defendant No.2 were jointly managing the bank account of which one is closed and the second bank account is a dormant account. d) Also as admitted by the plaintiff as the partnership business was stopped in the financial year 2009-10, there were no books of accounts drawn of the defendant No.1 partnership firm thereafter. e) Further, as both the bank accounts are closed and dormant, there are no cheque books, slip book, bank pass books, bank statements available with the defendant No.2. f) Without prejudice it is respectively submitted that, as the plaintiff was a joint account holder of both the bank accounts of the defendant No.1 firm, it can very well apply to the respective banks for any information relating to defendant No.1 firm. -- 9 of 18 -- N. M. No.4764 of 2019 -: 10 :- C. S. No.545 of 2021 g) Moreover, at present a period of 14 years, it is respectively submitted that, there are no assets i.e. movable and immovable of the defendant No.1 firm, and the plaintiff has failed to plead and identify the assets of the defendant no.1 firm, which is being wasted or under occupation of defendant No.2, which needs protection. 12) So far as, the order of temporary injunction restraining the defendant No.2 from operating the bank accounts of the defendant No.1 is concerned, it is submitted that, the bank account of the defendant No.1 firm in HDFC Bank, Null Bazar Branch, Mumbai bearing overdraft Account No.0626270000063 has been closed on 04th May 2011, wherein the plaintiff was also joint account holder. Same is the case with bank account of defendant No.1 firm held in Sahebrao Deshmukh Co-operative bank Ltd. It was Current Account No.022011100002946 and it became dormant. So the defendant No.2 was not aware of the status of said account. Temporary Injunction cannot be grated against closed and dormant accounts. 13) So far as, the Order of the Temporary Injunction restraining the defendant No.2 from the using name of the defendant No.1 firm and goodwill of the firm is concerned, the following submissions are made on behalf of the defendant No.1:- a) As per the Balance Sheet for Financial Year 2009-10, it is an admitted position that, the plaintiff and the defendant No.2 have categorically transferred the stock/ goods of the defendant No.1 firm respectfully to their proprietary firms. The said proprietary firm of the plaintiff is described as Vivek Enterprise and the proprietary firm of the defendant No.2 is described as Vaibhav Metals. -- 10 of 18 -- N. M. No.4764 of 2019 -: 11 :- C. S. No.545 of 2021 b) Further, as admitted after the stopping of partnership firm business in the year 2009, thereafter the plaintiff and the defendant No.2 started independent businesses as proprietary firms. It is respectfully submitted that, as per mutually agreed, the defendant No.2 was allowed to run his proprietary business in the same name of the defendant No.1 firm. c) It is respectfully submitted that, waiver is an international relinquishment of right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege. It is an agreement not to assert a right. Whereas, acquiescence would be a conduct where a party is sitting by, when another is invading his right. The acquiescence must be such as to lead to the inference of license sufficient to create a new right in the defendant. d) From the aforesaid, from the year 2009, the plaintiff allowed the defendant No.2 to carry on the proprietary business in the same name as that of defendant No.1 firm. From the year 2009, till the year 2019, the plaintiff had not raised any issue or disputes of the defendant No.2 carrying out the proprietary business in the same name as that of the defendant No.1 firm, which prima-facie establishes that the plaintiff had waived and / or Acquiescence to the said usage of name. 14) So far as the reliefs of the directions to deposit sum of Rs.97,61,487.03/- is concerned, it is submitted on behalf of the defendant No.2 that, such a relief cannot be granted as in a suit for dissolution of partnership, till the accounts are settled the partners of the firm cannot be said to be the debtors of the firm. Further, it cannot also be said that, the monies standing as a debt balance in partners’ capital account is a debt due to the firm which the receiver is entitled to recover. Similarly, in the matter of Jayesh H. Pandya V/s. Sukhanya -- 11 of 18 -- N. M. No.4764 of 2019 -: 12 :- C. S. No.545 of 2021 Holdings Pvt. Ltd., the Hon’ble Bombay High Court rejecting an application seeking a direction which are due and payable to the partnership firm, held that, the partner is not a debtor or creditor of co- partners and in law, he cannot be either a debtor or creditor of the firm of which he is a partner. 15) It is also submitted that, the relief sought by the plaintiff is liable to be rejected on the ground of laches because, for about 9 to 10 years, the plaintiff failed to take any objection or disputes regarding the defendant No.2 carrying on the business of his proprietary firm in the same name as defendant No.1 firm. Hence, in view of the ratio laid down by the Hon’ble Apex Court in the case of Gattulal V/s. Gulab Singh and Anr.,(1985) SCC 432. The reliefs cannot be granted due to latches on the part of the plaintiff and the plaintiff has voluntarily and intentionally waived and acquiesced his rights in using the name of the defendant No.1 firm without raising any action against the defendant No.2 for about 10 years. The defendant No.1 had no goodwill as the firm stopped its business for more than 14 years. Hence, it is submitted that, the defendant No.2 is carrying on his proprietary business since 14 years in the same name as defendant No.1 firm with the separate Sales Tax number and separate GST Number. Hence, the notice of motion seeking interim reliefs may kindly be rejected with costs. In support his submissions, the advocate for defendant No.2 has place his reliance on the following authorities such as:- a) Umashankar Bajaj V/s. Narain Das, MANU/BH/0081/1983; b) Jayesh H. Pandya V/s. Sukhanya Holding Pvt. Ltd., 2002 (4) Mh.L.J. 378; c) Galada Power and Telecommunication V/s. United India Assurance Company Limited; (2026) 14 SCC 161; d) Union of India & Ors. V/s. N. Murugesan & Ors. (2022) 2 SCC 25; -- 12 of 18 -- N. M. No.4764 of 2019 -: 13 :- C. S. No.545 of 2021 e) Gattu Lal V/s. Gulab Singh & Anr., (1985) SCC 432 and f) CIT Bangalore V/s. B. C. Srinivasa Setty: (1981) 2 SCC 460. 16) After hearing the parties at length, first of all, I turn to the relief of appointment of Court Receiver sought by the plaintiff in the above notice of motion. It is rightly submitted on behalf of the defendant No.2 that, the appointment of a Court Receiver is a drastic remedy which can only be granted if, there is some special equity in favour of the plaintiff and if he makes out a strong prima-facie case against the opposite party that he has a fair chance of success in the suit. In the case of Umashankar Bajaj V/s. Narain Das, MANU/BH/0081/1983 (Para 8), that, if there is manifest peril to the suit property, then only the court will be inclined to prevent it by putting a receiver in-charge of the same. 17) Now, in the present case, prima-facie and as per the submissions of the defendant No.2, the plaintiff has not made out a special case for appointment of the Court Receiver for the following reasons:- a) It is an admitted fact that, the defendant No.1firm had stopped carrying its business in the year 2009. b) Plaintiff and defendant no.2 were carrying out their independent businesses as proprietary firms. As per Tax Audit Report for the financial year 2009-10, the plaintiff and the defendant No.2 had transferred stocks appropriately to their proprietary firms. c) The plaintiff and the defendant No.2 were jointly managing the bank account of which one is closed and the second bank account is a dormant account. -- 13 of 18 -- N. M. No.4764 of 2019 -: 14 :- C. S. No.545 of 2021 d) Also as admitted by the plaintiff as the partnership business was stopped in the financial year 2009-10, there were no books of accounts drawn of the defendant No.1 partnership firm thereafter. e) Further, as both the bank accounts are closed and dormant, there are no cheque books, slip book, bank pass books, bank statements available with the defendant No.2. f) Without prejudice it is respectively submitted that, as the plaintiff was a joint account holder of both the bank accounts of the defendant No.1 firm, it can very well apply to the respective banks for any information relating to defendant No.1 firm. g) Moreover, at present a period of 14 years, it is respectively submitted that, there are no assets i.e. movable and immovable of the defendant No.1 firm, and the plaintiff has failed to plead and identify the assets of the defendant no.1 firm, which is being wasted or under occupation of defendant No.2, which needs protection. 18) Hence, the above suit is filed after period of 10 years from the date of the disputes and it will not be proper to consider appointment of the Court Receiver after a lapse of 14 years today. Especially when, the plaintiff has failed to point out and plead what are the assets of the defendant No.1 firm, which are being wasted and are under the occupation of defendant No.2, which need protection. Therefore, I am not inclined to grant the said relief. 19) Secondly, the plaintiff had sought the relief of temporary injunction restraining to the defendant No.2 from operating the bank account of defendant No.1 firm. However, it is pointed out by the defendant No.2 that, the bank account of the defendant No.1 firm in -- 14 of 18 -- N. M. No.4764 of 2019 -: 15 :- C. S. No.545 of 2021 HDFC Bank, Null Bazar Branch, Mumbai bearing overdraft Account No.0626270000063 has been closed on 04th May 2011, wherein the plaintiff was also joint account holder. Same is the case with bank account of defendant No.1 firm held in Sahebrao Deshmukh Co- operative bank Ltd. It was Current Account No.022011100002946 and it became dormant. So the defendant No.2 was not aware of the status of said account. Temporary Injunction cannot be grated against closed and dormant accounts. Nothing is brought on record to the contrary by the plaintiff to show that the said submissions of the defendant No.2 is wrong. Hence, I am not inclined to grant the said prayer. 20) Thirdly, the plaintiff has sought a temporary injunction to restrain the defendant No.2 from using the name and goodwill of the defendant No.1 while conducting his business. Again, the relief sought by the plaintiff is liable to be rejected on the ground of laches because, for about 9 to 10 years, the plaintiff failed to take any objection or disputes regarding the defendant No.2 carrying on the business of his proprietary firm in the same name as defendant No.1 firm. Hence, in view of the ratio laid down by the Hon’ble Apex Court in the case of Gattulal V/s. Gulab Singh and Anr.,(1985) SCC 432., the reliefs cannot be granted due to latches on the part of the plaintiff and the plaintiff has voluntarily and intentionally waived and acquiesced his rights in using the name of the defendant No.1 firm without raising any action against the defendant No.2 for about 10 years. Moreover, it is rightly submitted on behalf of the defendant No.2 that, the defendant No.1 had no goodwill as the firm stopped its business for more than 14 years as on today. The defendant No.2 appears to be carrying on the said business in the name as defendant No.1 firm with the separate Sales Tax -- 15 of 18 -- N. M. No.4764 of 2019 -: 16 :- C. S. No.545 of 2021 number and separate GST Number since past about 14 years after stopping the partnership business in the year 2009. Hence, the said relief, in my opinion, cannot be granted now without demonstrating a prima-facie case of irreparable injury to the plaintiff. Hence, I am not inclined to grant the said relief. 21) Now, turning to the fourth relief prayed for in the above notice of motion, by this relief the plaintiff has prayed for a direction to the defendant No.2 to deposit a sum of Rs.97,61,487.03/- in the Court or with the Court Receiver as may be appointed by this Court. The plaintiff has made the said claim by making the calculations in para No.17 of the plaint and contended that, the defendant No.2 owes and amount of Rs.46,59,684.30/- to the defendant no.1 along-with interest of Rs.51,01,803/- being calculated at the rate of 12% p. a. on said sum. 22) However, the Hon’ble Bombay High Court in the case between Jayesh H. Pandya V/s. Sukhanya Holdings Pvt. Ltd., reported in 2002 (4) Mh.LJ. (Page No.378) has highlighted the position very clearly and was pleased to observe that a partner is not a debtor or creditor of co- partners and in law, he cannot be either a debtor or creditor of the firm of which he is partner and pending the decision of the suit, it cannot therefore be said that, the plaintiff or the defendant No.2 are the debtors of the firm. It was further pleased to hold that, the dues can only be settled if any, at the stage of final settlement of accounts and till then plaintiff and defendant No.2 cannot be said to be debtor of the firm. Hence, it is rightly argued on behalf of the defendant No.2 that, at this stage such a direction cannot be granted by way of interim relief. In my opinion, the liability therefore, can only be fastened after adducing -- 16 of 18 -- N. M. No.4764 of 2019 -: 17 :- C. S. No.545 of 2021 of evidence on merits. Hence, I am not inclined grant the said relief also. 23) So on a conspectus, of the above discussion, I hold that the plaintiff failed to make out a prima-facie case in his favour for grant of the above reliefs. Naturally, therefore, the balance of convenience tilts in favour of the defendant No.2 at this stage due to the latches in filing the above suit and due to the nature of reliefs prayed for. Consequently, irreparable loss will result to the defendant No.2, if the interim reliefs are granted. Therefore, I answer point No.1 in the negative and proceed to pass the following order:- ORDER 1) Notice of Motion No.4764 of 2019 stands dismissed. 2) No order as to costs. 3) Notice of Motion No.4764 of 2019 stands disposed off accordingly. (A. S. KAZI) Addl. Sessions Judge, City Civil & Sessions Court, Date:.12.02.2025. Mazgaon, Gr. Mumbai (C. R. No.14). Direct Typed on : 12.02.2025. Signed on : 12.02.2025. -- 17 of 18 -- N. M. No.4764 of 2019 -: 18 :- C. S. No.545 of 2021 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE: 12.02.2025. NAME OF STENOGRAPHER TIME: 04.00 p.m. Mr. Ashok Sudhakar Patil Name of the Judge (With Court room no.) HHJ Shri A. S. Kazi (Court Room No.14) Date of Pronouncement of JUDGEMENT/ORDER 12.02.2025. JUDGMENT/ORDER signed by P. O. on 12.02.2025. JUDGEMENT/ORDER uploaded on 12.02.2025. -- 18 of 18 --
