Mr Jamnadas Thakkar v. Om Gajanan Co-operative Housing Society Ltd

Per Honble Justice A.P.Bhangale, President Heard submissions of learned advocates for the parties at bar. According to Learned Advocate Mr.Pawar for appellants, the consumer complaint no.5/2011 was prosecuted against M/s.Ganga Jamuna Construction Co. and its partners Mr.Jamunadas Thakkar, Mr.Gangaram Gokuldas Thakkar and Mr.Leherchand Meghji Shah as opponent nos.2 to 4 respectively. However, Mr.Jamunadas Thakkar-opponent no.2 and Mr.Leherchand Meghji Shah- opponent no.4 were not at all concerned with any partnership firm named as M/s.Ganga Jamuna Construction Co. To support this submission copy of Partnership Deed dated 17/09/1978 is produced on record at page no.134 to 140 of appeal compilation, which also bears the signature of certain persons who had signed as partners, whose names included as under:-

1. Shri Gangaram Gokaldas Thakkar

2. Shri Jagdish Vithaldas Thakkar

3. Smt.Shantaben Karsandas Thakkar

4. Smt.Kamlaben Karamshi Thakkar

5. Shri Bharat Raghavji Vikam

6. Shri Raghavji Vallabhji Shah

7. Shri Hariram Bechardas Thakkar

8. Ms.Kajal Gangaram Thakkar

9. Smt.Sushila Surendra Vyas Since these are the names of partners mentioned in respect of partnership firm M/s.Ganga Jamuna Construction Co., it is contended that it is open for the complainant society to prosecute against those partners in the complaint and to exonerate appellants from the execution sought against M/s.Ganga Jamuna Construction Co. Learned advocate for respondent society contended that he has already moved under Right to Information Act to the Registrar of Partnership Firm, Maharashtra State, Mumbai and came to know that the said partnership firm M/s.Ganga Jamuna Construction Co. was never registered. However, since the Deed of partnership is produced on record by the appellants, complainant society to proceed against unregistered partnership firm consisting of the firms partner nos.1 to 9 named above. That being so, we partly allow this appeal. We direct respondent no.1 to delete the names of appellants from the proceedings with liberty to proceed against partners mentioned as above in respect of unregistered partnership firm M/s.Ganga Jamuna Construction Co. Impugned order is set aside. Appeal is partly allowed accordingly. Copies of the order be furnished to other side. Pronounced on 28th January 2020. [Justice A.P.Bhangale] President [Dr.S.K.Kakade] Member