..., 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 be...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...

...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...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 dissolution or for realising their property in the firm.11. It may be mentioned that a partnership firm...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 dissolved firm...

...rejection of plaint on the 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...appellant herein is an unregistered partnership firm by the name “Shiv Developers”. It is stated that this firm is engaged in the business of construction of buildings and is comprising of two equal...mandate of Section 69 of the Act of 1932, the plaintiff, being an unregistered partnership firm, was barred to file a suit regarding the rights arising from any agreement/contract. It was also...

...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 has been contended that the appellant has subsequently made an application for its registration and the said matter is in process. A question has arisen as to whether a suit filed by an unregistered partnership...partnership firm. Section 69 of the Partnership Act, 1932 (for short, 'the Act') clearly shows that a suit by an unregistered partnership...

...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 firm i.e.../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 suit having been filed by an unregistered firm...

...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 Page 1 of 3 at the instance of an unregistered partnership...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...

...Sujata V. Manohar, J.— Leave granted.2. The appellant and Respondents 1 to 5 were partners in an unregistered partnership firm by the name of M/s...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...unless the firm is registered. Under sub-section (3) any other proceeding to enforce a right arising from a contract by a person suing as a partner against the other partners 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...

...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...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 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...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...

...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...

...7 Rule 11(d) 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...shown in the Register of Firms as partners in the firm.”A mere look at the aforesaid provision 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, the following conditions must be satisfied:(i) That the plaintiff-partnership firm..., the persons suing are not shown in the Register of Firms as partners of the firm, on the date of the suit.(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 from a contract of the firm with such a third party.Chapter VII of the Partnership Act...

...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 suit by an unregistered firm...

...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 of persons liable to pay service tax for GTA service under reverse charde, did not envisage reverse charge payment by an unregistered Partnership...Firm. An unregistered Partnership...

.... 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...

...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 Section 138 of the Negotiable Instruments Act." 8. Mr. Mangukiya also relied upon a ruling reported in Delhi Development Authority v. Kochhar Construction Work and Another, wherein their Lordships were pleased to hold that if the partnership is...

...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 sub-section correctly. Similarly, Mahendra v. Gurdeyal('), which lays down that s. 69 does not bar a partner of an unregistered partnership firm from applying to...(sole proprietory firm owned by the appellant Jagdish C. Gupta) entered into a partnership to export between January and June 1956, 10,000 tons of manganese ore to Phillips Brothers (India) Ltd., New York...from a contract or conferred by the Partnership Act unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm. Sub-s. (2) similarly...

...being an unregistered partnership firm. It rejected the plaint holding that suit filed by an unregistered partnership firm i.e. respondent was hit by provisions of Section 69(2) of the Act...been filed by an unregistered partnership firm against the third party and was treated as incompetent as per provisions of Section 69(2) of the 2...the inherent defect in filing the suit by an unregistered partnership firm. 6. After receipt of notice of the appeal, respondent put in appearance through Mr. Hari Narayan...

...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...