Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

High Court: Bombay High Court Bench: BOMBAY
  • 10
Judgement Image
Font size:
Print

Case Note & Summary

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by metes and bounds. The plaintiff and defendants 1 to 8 are children of the deceased Bhagwandas Ahuja. The joint family carried on various businesses including kirana commission agency, construction, and property development. The plaintiff alleged that properties were acquired from joint family funds. The plaintiff claimed that defendant no. 1, without the plaintiff's knowledge, created an HUF and utilized Rs. 32 crores for slum rehabilitation projects, and diverted a project to a firm in which defendant no. 1 and his son are partners. The plaintiff sought appointment of a Court Receiver and injunction over the properties listed in Exhibit B to the notice of motion. The matter was heard and reserved for judgment on 24 July 2013 and pronounced on 27 August 2013.

Issue of Consideration

Whether the plaintiff is entitled to appointment of Court Receiver and injunction in respect of the suit properties pending the suit for partition

Subscribe to unlock Issue of Consideration Subscribe Now

Case Details

2013 LawText (BOM) (08) 119

Notice of Motion No. 166 of 2013 in Suit No. 75 of 2013

2013-08-27

R.D. Dhanuka J.

2013:BHC-OS:8565

Mr. Shailesh Shah, Sr. Advocate, a/w. Mr. S.U. Kamdar, Sr. Advocate, Ms. Mamta Sudh, Adv., Mr. S.K. Srivastava, Ms. Manorama Mohanty and Mr. Gunjan Shah i/b. S.K. Srivastav & Co. for Plaintiff, Mr.Aspi Chinoy, Sr. Adv. With Mr. D.D. Madon, Sr. Adv., Mr. Zal Andhyarujina, Adv., Mr. R.V. Gandhi, Mr. B.S. Damodar, Mr. Mahek Karanbar, Adv. B.P. Pathak i/by M/s. Kanga & Co. for Defendant No.1, Mr. Girish Godbole, Mr. Vishal Kanade with Mr. Sandip Dhangar i/by Jayesh R. Vyas for Defendant Nos. 2, 4, 5, 7, 9, 10 and 11, Mr. Kalpesh Nansi for defendant no. 6, Mr. Bharat Vaishnawa for defendant no. 8, Mr.P.K. Dhakephalkar, Sr. Advocate with Mr. Vijay Nair, Adv. i/b. Ravi Talreja, Adv. for Defendant No.3, Mr. Kedar Desai i/by Desai Desai Carrimjee & Mulla for defendant no. 12, Ms. Kaushika Muthukumar along with Ms. Reema Barve i/by R.G.M. Law Associates for defendant Nos. 13 an 14, Mr. Virag Tulzapurkar, Sr. Advocate for defendant no. 15, Mr. Chirag Balsara, Adv. With Fatima Diamondwala, Ashraf Diamondwala, Hamza Tatli i/by M/s. Diamondwala & Co. for Defendant no.17 to 19, Mr. Janak Dwarkadas, Sr. Adv with Mr. Devitji, Sr. Adv. For defendant No.16

Gopal Bhagwandas Ahuja

Jagdish Bhagwandas Ahuja & Ors.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Civil suit for declaration of 1/10th share in joint family properties and partition by metes and bounds

Remedy Sought

Plaintiff sought appointment of Court Receiver and injunction over properties described in Exhibit B to the notice of motion

Filing Reason

Plaintiff alleged that defendant no. 1 had diverted joint family projects and funds, created an HUF without knowledge, and excluded plaintiff from benefits

Judgment Excerpts

Defendant No. 1 created Jagdish Bhagwandas Ahuja (HUF) overnight without knowledge of the plaintiff. The said amount of Rs. 32 Crores was utilized to fund the Slum Rehabilitation Project called Ahuja Towers (Prabhadevi) and also for implementation of construction of building known as “Ahuja L'Amor” Tower at Lokhandwala Extension. Defendant no. 1 got a letter of appointment from Prabhadevi Property issued in the name of M/s. Shree Ahuja Properties, the firm of which defendant no. 1 and defendant no. 12 (son of defendant no. 1) are partners, without plaintiff's knowledge and consent.

Procedural History

Plaintiff filed Suit No. 75 of 2013 seeking declaration of 1/10th share and partition of joint family properties. Plaintiff took out Notice of Motion No. 166 of 2013 for appointment of Court Receiver and injunction.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.
Related Judgement
High Court Bombay High Court Adjudicates Competing Claims Over Water Allocation from Upper Wardha Dam and Considers Constitutional Validity of Article 371(2) Governor’s Directives. Court Directs Interim Water Supply for 2012-13 and Frames Issues on Legality o...