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1964 Supreme(Cal) 43

D.N.SINHA
PARTABMULL RAMESHWAR – Appellant
Versus
FULCHAND KANAHIYALAL AND CO. – Respondent


Advocates Appeared:
B.M.Seth, S.N.GUPTA, Shankar Ghosh

D. N. SINHA, J.

( 1 ) THERE are six petitioners in this application. The petitioner No. 1 is a partnership firm, bearing the name and style of "partabmull Rameshwar". It is registered under the Indian Partnership Act. The remaining five petitioners are its partners. They are also partners of a partnership firm carrying on business under the name and style "shree Mahadeo Jute Mills Co. " This latter firm is the owner of a jute mill and factory. The firm is not registered under the Partnership Act, Originally, the petition was filed in the firm name of Partabmull Rameshwar, stating that it carried on business under the name and style of "shree Mahadeo Jute Mills Co. " The fact is that those partners carry on business of partnership under the name and style of "partabmull Rameshwar" which is the main business, but they also carry on various subsidiary businesses under different names, including that of "shree Mahadeo Jute Mills Co. " While the main firm of Partabmull Rameshwar is registered under the Partnership Act, the subsidiary firm of "shree Mahadeo Jute Mills Co. ," has not been so registered. As a result of this, a legal difficulty has arisen which will be examined in greater




















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