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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Eskay Hospitality Services India Pvt. Ltd. – Appellant
Versus
Sterling Hospitality, through Mr. Pranay Goyal – Respondent
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.
2. This Petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order dated 7 April 2025, passed by the learned Judge, City Civil Court at Mazgaon, in Notice of Motion No.1158 of 2025 in Commercial Suit No.1115 of 2024, whereby the said Notice of Motion taken out by the Petitioner – Defendant No.1 for rejection of the plaint under the provisions of Order VII Rule 11(1)(a) and (d) of the Code of Civil Procedure, 1908 (‘the Code’) came to be dismissed.
3. Shorn of unnecessary details, the background facts can be stated as under :
3.1 The Respondent – Plaintiff is a partnership firm. It is engaged in the business of hospitality. The Petitioner – Defendant No.1 is a private limited company. Petitioner Nos.2 to 4 – Defendant Nos.2 to 4 are its directors. Defendant No.1 Company used to run a club-cum-resort under the name and style of ‘Eskay Resorts’, excluding ‘Eskay House and Hotel Building’ at Borivali (W), Mumbai (the suit property).
3.2 The Defendants were allegedly facing financia
An unregistered partnership firm cannot enforce rights arising from a contract under Section 69(2) of the Indian Partnership Act, which prohibits such suits against third parties.
(1) Suit for enforcing right of avoidance of a document on the ground of fraud and misrepresentation as also statutory rights of seeking declaration and injunction can be filed by an unregistered par....
The main legal point established in the judgment is that the jurisdictional fact of registration of the partnership firm must be averred in the plaint to avoid the suit being rendered void under Sect....
An unregistered partnership firm cannot file a suit for enforcement of a contract against a third party, as per Section 69 of the Indian Partnership Act.
Unregistered partnership firms can enforce rights for accounts and dissolution via arbitration, as outlined in the Indian Partnership Act, Section 69.
The non-registration of a partnership firm as required under Section 69(2) of the Indian Partnership Act, 1932 renders the suits filed by the unregistered firm non est in law, and subsequent registra....
A suit for specific performance cannot be maintained by partners of a dissolved firm; and claims are barred under Section 69 of the Indian Partnership Act and the Limitation Act.
A suit for recovery of money by partners of an unregistered firm is not maintainable under Section 69 of the Indian Partnership Act, 1932, which mandates registration for such suits.
A suit by an unregistered partnership firm cannot be maintained if it arises from a contract, as per Section 69(2) of the Indian Partnership Act, 1932.
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