Mumbai Court December 1929 Judgments

Bai Rukhiabai Vs. Vadilal Purshottamdas and Co.

Court: Mumbai

Reported in: AIR1930Bom451

Amberson Marten, Kt., C.J.1. This is an appeal by the plaintiff in this partnership suit against the order made by Mr. Justice Mirza on a summons dated July 9, 1928, in this suit directing payment to the applicants Vadilal Purshotamdas and Company, of the sum of Rs. 1,762-4-8 out of the moneys in the hands of the receiver in the present suit in priority over all other creditors of the firm of Haji Kahimtulla Abdul Rahim. These applicants had obtained is Suit No. 181 of 1920 an order for payment of this sum for costs against the above firm. The present suit No. 5384 of 1922 is a partnership suit for the winding up of the firm after its dissolution.2. The main point we have to determine is whether the charging order made by the learned Judge on September 16, 1925, in the present suit in favour of the applicants is valid, and, if so, whether they thereby obtained priority for their judgment debt in Suit No. 181 of 1920 over other creditors of the partnership firm.3. This point raises inte...