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2016 Supreme(Del) 4248

DEEPA SHARMA
PINKY JAIN – Appellant
Versus
AMEYA UNIVERSAL PROJECT PVT. LTD. – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Dinesh Kumar Gupta and Mr. Vidit Gupta.
For the Defendants : Mr. Vikas Dhawan, Mr. S.P. Das and Mr. S. Panda.

JUDGMENT :

DEEPA SHARMA, J.

1. The plaintiff had filed an O.A. No. 181/2015 against the order of the Joint Registrar dated 17.04.2015 whereby the plaintiffs' request for directions to the defendant to permit the inspection of its documents was rejected. When the case was fixed for arguments on this O.A. the defendant raised the issue about maintainability of suit on the ground that the suit relates to an unregistered partnership agreement and in view of Section 69 of the Partnership Act, 1932 (hereinafter referred to as 'the Act') it is barred and is to be rejected. It is argued that one of the reliefs the plaintiffs have sought is for dissolution of partnership.

2. The plaintiffs have controverted the above contentions.

3. The relevant facts in brief are as follows:

The plaintiffs have filed a suit on a Memorandum of Understanding (MoU) dated 10.07.2010 entered into between plaintiffs and the defendant in respect of business in the project namely “The Saphhire” in Sector-49, Gurgaon. Plaintiffs have stated that they had contributed a sum of Rs.5.5 crores into that project and they were assured guaranteed profit of Rs.5,27,20,964/- and were also entitled to recover 50% of the profit. Th

































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