Respected Panelist,
There is a very old partnership firm, running its business from a rented property from its inception.
As time lapsed, Partners changed but business was always in same name.
Lastly there are 2(two) partners in the business “A” and “B”
When “B” tried to misappropriate the wealth of the firm and tried to transfer the rented property in his name. “A” filed a suit against “B”
Year 2015 – 2017
In a Title suit filed under O39 R1&2 with 151 CPC, Plaintiff “A” was granted an ad-interim Injunction Order in his favour against Defendant “B” which was subsequently made Absolute. The Hon’ble Court directed the defendants “not to alienate, transfer or parting with possession of the properties of the partnership firm by any means till disposal of this suit”.
After series of hearing Hon’ble Court allowed the petition of Plaintiff “A” under O 40 R1 and appointed a Receiver to keep the accounts “of the said business after perusing all the materials documents in connection with the said business in presence of the parties and to distribute the share of the profits monthly in equal shares to the partners after deducting the monthly remuneration of the Receiver. The receiver is to submit quarterly reports to this Court until further order.”
Year 2018
After the visit of the Receiver, Defendant “B” completely parted with possession of the suit premises in smaller parts to 3 (three) outsiders / strangers “C” “D” and “E” and Defendant “B” in no more at the suit prmises.
These 3 (three) outsiders / strangers “C” “D” and “E”. individually filed Title suit under O39 R1&2 with 151 CPC against Plaintiff “A” and they were awarded with an ad-interim Injunction order in their individual suits against (now) Defendant “A” that “the defendant “A” is directed not to dispossess the plaintiff “C”, “D” “E” from the suit premises except in the due course of law till …… date….”
Defendant “A” has filed for vacating of ad-interim Injunction order under O39 R 4.
“C”, “D” “E” and also Defendant “B” are taking adjournments on flimsy grounds. There sole objective is to drag the cases by any means.
In the mean time, they are changing the nature & character of the scheduled premises of “A”
“A” filed many police complaints for protection & safety but no help is extended till date from Police in the pretext of “Case is Civil in Nature”
What remedies are available to “A” to save his interest in rented property?
Please advice.
