...instituted by the appellant praying inter alia for dissolution of an unregistered partnership firm between the appellant and the respondent. In that suit a defence taken was that the suit was not maintainable...designed primarily to protect third parties, the absence of registration does not mean that the partners of an unregistered firm lose all rights in the said firm or its property and hence cannot sue for accounts or for its ...Act of 1984 came into force on 1-1-1985, a partner in a firm could file a suit for dissolution of an unregistered partnership firm or for accounts of the dissolved firm or to recover the properties of...

..., the application for winding up of the company filed by the petitioning creditor which is an unregistered partnership firm was not maintainable in law. In support of this contention Mr...unregistered partnership firm before us and in case we hold that the application for winding up of the company at the instance of the unregistered firm is not maintainable in law, in that case it would not...company court to entertain an application for winding up of the company at the instance of an unregistered partnership firm was an issue, we must keep in mind the provisions of Order 41...

...for consideration was whether any unregistered partnership firm can file a suit and whether such suit is maintainable. That ultimately, the judgment and decree of the trial Court are illegal, erroneous...provisions of Partnership Act, 1932, and therefore, it is not a duly registered partnership firm. 4. At the same time, it h...partnership firm. Section 69 of the Partnership Act, 1932 (for short, 'the Act') clearly shows that a suit by an unregistered ...

...Sujata V. Manohar, J.— Leave granted.2. The appellant and Respondents 1 to 5 were partners in an unregistered partnership firm by...objection contending that the partnership firm was unregistered, and by reason of Section 69 of the Indian Partnership Act, a petition under Section 8 of the Arbitration Act was not maintainable. The Sub...of an unregistered firm is also barred. Since the right to resort to arbitration flows from the contract between the parties contained in the partnership deed, a suit or any other proceeding by a...

...Indian Partnership Act (hereinafter referred to as ‘the Act’), respondent being an unregistered partnership firm. It rejected the plaint holding that suit filed by an unregistered partnership .../s. Raptakos Brett & Co. Ltd. v. Ganesh Property’, AIR 1998 SC 3085 held that even if the suit had been filed by an unregistered partnership firm against the third party...April 2010, therefore, in the absence of respondent, following substantial question of law was formulated:-“Whether subsequent registration of partnership firm during pendency of the suit cures the inherent defect of s...

...or collars were broken in such accident or were damaged in any manner. An objection was further raised to the effect that since the appellant-petitioner was an unregistered partnership firm, the...ground that being an unregistered partnership firm, the claim petition was had under section 69 of the Partnership Act.4. Feeling aggrieved by and being dissatisfied with the award dated...an unregistered partnership firm.7. It is the admitted case of the parties that the petitioner-appellant is an unregistered partnership firm.8. In...

...partnership firm filed complaint through one of its partners - effect on non-registration of partnership firm - whether a complaint u/s. 138 of the NI Act is maintainable ...firm - held, a careful reading of S. 69(2) of Partnership Act clearly shows that unregistered partnership...criminal complaint by a partner of an unregistered firm is hit by S. 69(2) of the Partnership Act cannot be accepted - further, S. 69(2) of Partnership Act is applicable only...

...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 s...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 ...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...

...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 s...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 ...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...

...) of the Code of Civil Procedure (for short “CPC”) on the ground that the suit for possession as filed by the plaintiff-respondent, which was an unregistered partnership firm, was not maintainable...shows that the suit filed by an unregistered firm against a third party for enforcement of any right arising from a contract with such a third party would be barred at its very inception. To attract the aforesaid bar to the suit, th....(ii) Such unregistered firm or the partners mentioned in the sub-section must be suing the defendant-third party.(iii) Such a suit must be for enforcement of a right arising f...

...ground that the suit filed by and on behalf of an unregistered partnership firm was barred by law. The Trial Court essentially held that, on its subject-matter relating to the validity of the sale deed...aspects of the matter, so far relevant for the question calling for determination in this matter, i.e., as to whether the subject suit, filed by an unregistered partnership firm, is covered by the..., being an unregistered partnership firm, was barred to file a suit regarding the rights arising from any agreement/contract. It was also submitted that as per Order XXX CPC, a suit could be filed on...

...request of the petitioner dated 28.11.20162. According to the petitioner, he is an unregistered partnership firm viz., M/s. Faruuzi. As a partnership having suffered loss and due to..., to substantiate, even in a case of unregistered partnership firm, Public Notice in the official Gazette in a mandatory one i.e to give notice about the dissolution and the liability of the partners...Pleader appearing for the respondent would contend that since it is unregistered partnership firm the detail of the retirement of partnership in the Gazette, cannot be published. The petitioner should...

...unregistered partnership firm could not have filed the Suit for recovery of money, being hit by Section 69 of the Indian Partnership Act, 1932 (hereinafter, the "Act...reading of sub-sections (1) and (2) of Section 69 that it assumes a mandatory character. Section 69(1) prohibits a suit amongst the partners of an unregistered partnership firm, for the enforcement of...a right either arising from a contract or conferred by the Act, unless the suit amongst the partners is in the nature of dissolution of the partnership firm and/or rendition of accounts. Section 69(2) prohibits the institution of a ...

... v. Gurdeyal('), which lays down that s. 69 does not bar a partner of an unregistered partnership firm from applying to the court under s. 8 of the Arbitration Act for referring the...inter se or between partners and the firm for the purpose of .enforcing a right arising from a contract or conferred by the Partnership Act unless the firm is registered and the person suing is or has...described in the second sub-section. In respect of the first sub-secton he could give only two examples. They are (i) a claim by a pledger of goods with an unregistered firm whose goods are attached and...

...order. 3. In their submissions, the Appellant stated that they are an unregistered Partnership Firm, availing Goods Transport Agency Service ( GTA in short) for inward...service tax in relation to the taxable service rendered by a Goods Transport Agency, under reverse charge, if it is a body corporate or Partnership Firm registered by or under any law. Notification 36/2004, listing out the category ...Firm. An unregistered Partnership...

...counsel, the complaints have been filed by an unregistered partnership firm through one of its partners. 5. It is submitted that an unregistered partnership firm cannot file a...debt or other liability. 6. Under Section 69(2) of the Partnership Act, the complainant, an unregistered partnership firm, could not have legally enforced...civil suit because the debt or other liability cannot be recovered by filing a criminal case and when there is a bar of filing a suit by unregistered firm, the bar equally applies to criminal case as laid down in explanation (2) of ...

.... 4. According to the writ petitioner, the rule would not permit an enquiry into an unregistered partnership firm. More over, no enquiry was held insofar as the liability of...contra, learned High Court Government Pleader representing the respondents contended that when there is an unregistered partnership firm and they have treated the Excise Department in not paying the...Excise Duty, there is every power available with the respondent No.2 to attach the properties of all concerned even in respect of unregistered partnership firm as the collection of Excise Duty is the...

...is that the winding up petition has been filed by M/s. Universal Lime Industries which is an unregistered partnership firm and cannot, in the absence of its partners, file a proceeding for realization...of its dues and even the filing of a suit is barred by such an unregistered partnership firm.6. The learned counsel for the petitioner did not dispute that the petitioner is an...unregistered partnership firm nor did it seek any liberty from the Court to implead the partners of the firm to the proceeding. On the other hand, the learned counsel maintained that the instant company...

...the suit is not legally competent as the plaintiff is an unregistered firm and, therefore, the suit is not maintainable in view of the Provisions of Sect...dismissed.4. Counsel for the petitioner submitted that the suit instituted by an unregistered partnership firm is barred under the...transpires from the said records that on the date of the filing of the suit the plaintiff was not a registered partnership firm but was a proprietorship firm. This is what is disclosed from the documents placed on record an...

...raised two submissions, namely, (i) respondent/complainant is a partnership firm and since it is an unregistered partnership firm, it could not have filed compliant under Section 138 of the said Act; and...the non-maintainability of the complaint on the ground that the complainant is not a registered partnership firm is concerned, it is a misconceived argument inasmuch as...Section 69 of the Partnership Act has no application to criminal cases. The Kerala High Court in the case of Abdul Gafoor v...