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2012 Supreme(Bom) 2121

S.J.KATHAWALLA
Valji Shamji Chheda – Appellant
Versus
Bhuderbhai Bajidas Patel – Respondent


Advocates appeared:
For the Plaintiffs:Virag Tulzapurkar, Senior Advocate, instructed by A.R. Shaikh, Advocates.
For the Defendants:D1 to D3, Shailesh Shah, Senior Advocate, instructed by R.R. Nagda, D5, Rajeev N. Narula, instructed by M/s. Jhangiani, Narula & Associates, Advocates.

Judgment :

1. In the above Notice of Motion, the Plaintiffs have moved this Court for Ad-interim reliefs. However, the Defendants have raised the contention that this Court has no jurisdiction to entertain the suit since the Partnership Firm i.e. Laxmi Developers is not registered under the provisions of the Indian Partnership Act, 1932 (“the Act”). In view thereof, by consent of the parties, the following issue is framed as a preliminary issue and decided hereunder:

“Whether in view of non-registration of the Partnership Firm Laxmi Developers, the present suit is barred under Section 69 of the Indian Partnership Act, 1932”.

2. According to the Plaintiffs, a Partnership Deed was executed on 11th August 1986, between the Plaintiffs and Defendant Nos. 1 to 3. By the said Partnership Deed, the Partnership Firm was constituted under the name and style of “Laxmi Developers” for conducting the business of investment in properties, development of the same and also for sale of shops, flats, commercial premises and to acquire open spaces for development.

3. According to the Plaintiffs, after the constitution of the said Partnership Firm, an application for registration in the prescribed Form


































































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