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2009 Supreme(Bom) 364

ROSHAN DALVI
Hari Shree Enterprises – Appellant
Versus
Vikas Housing Ltd. – Respondent


Advocates appeared:
For the Plaintiff:Rohit Kapadia, Sr, Nitin Shukla, Advocates. For the Defendants:D.D. Madon, Sr, Mr. Birendra Saraf, Shashikala Sharma i/by Yogesh Adhia, N.J Devashrayee, Advocates.

JUDGMENT :

Oral Order:

1. The Plaintiff in the Suit is the Partnership Firm which has sued third parties for recovery of possession of the suit lands, payment of amount s by way of compensation for delay as well as by way of mesne profits. The Suit has been filed by one Jitendra Chandarana shown as the Constituted Attorney of the Plaintiff-Firm. The Power of Attorney annexed to the Plaint has been executed by one K.V.Mohan shown as one of the partners of the Firm and as the authorized signatory of two other partner s of the Firm V. Rajagopal and Mr.Rajiv Sinha, one of whom, V. Rajagopal, has been adjudged insolvent. The Plaintiff-Firm stood dissolved prior to the filing of the Suit upon the said partner having been adjudged insolvent. The Plaintiff-Firm, therefore, could not sue as shown in the Plaint.

2. The Plaintiff itself has taken out the above Chamber Summons for amendment to the Plaint, including the title of the Suit. The Plaintiff now desires to sue through one of its partner s as the partner of the Plaintiff-Firm, since dissolved. The said K.V.Mohan has not sought the sue as a partner of the firm on behalf of the dissolved firm. The partner of the firm seeking to sue is a

















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