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1996 Supreme(SC) 997

K.S.PARIPOORNAN, M.M.PUNCHHI
Rajasthan Prem Krishan Goods Transport Company – Appellant
Versus
Regional Provident Fund Commissioner, New Delhi – Respondent


JUDGMENT

Punchhi, J.-This appeal by special leave is against a limine dismissal of a writ petition preferred by the appellant before the Delhi High Court.

2. The appellant before us is M/s Rajasthan Prem Krishan Goods Transport Co. (in short hereafter to be referred as the goods transport Company ). The concerned party with it is the 3rd respondent -M/s. Rajasthan Prem Krishan Transport Co.- (in shot hereafter referred to as the Transport Company). The appellant is aggrieved against the action and orders of the authorities established under The Provident Funds Act, 1925(for short the Act ) in treating the appellant and the 3rd respondent as one and the same entity, holding the ostensible separate existence of these two as artificial and non-existent.

3. Significantly, both these companies are partnership concerns. According to the appellant, the Goods Transport Co. was constituted on 16.4.1976, composing of 10 partners. Beforehand, the third respondent, that is, the Transport Co. stood composed of 13 persons : 120 of whom compose the Goods Transport Company . Their place of business and address is common, being Behind Fire Brigade, S.P. Mukherjee Marg, Delhi. Their telephone nu






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