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N. NAGARESH
Nisha M. W/o Sajin – Appellant
Versus
State Bank of India, Mongam Branch – Respondent
JUDGMENT :
N. NAGARESH, J.
1. The petitioners, who are Partners of a Firm engaged in the distribution and sale of LPG in retail to consumers, are before this Court seeking to quash Ext.P10 e-mail intimating the stoppage of internet banking facility of Current Account of the Firm and to direct the 1st respondent to restore the internet banking facility of the Current Account.
2. The petitioners state that they are Partners of M/s. Mongam Indane Services. The Partnership Firm is registered. The 1st petitioner was selected by Indian Oil Corporation for appointment as Distributor of LPG. On issuance of Ext.P2, the 1st petitioner spent the entire amount for establishment of the infrastructure facilities of the LPG distributorship. On 05.04.2019, the 1st petitioner entered into partnership with the 2nd petitioner and the 2nd respondent. The 2nd respondent promised to contribute Rs. 20 lakhs to the Firm as his share capital. But, the amount was not paid.
3. The 2nd respondent later started joining hands with nearby Gas Agency and started to cause trouble to the petitioners' business. The 2nd respondent has criminal background, contends the petitioners. The Partnership Firm had an account with
Debt Recovery and Monetary Laws - Partnership Firm - Bank internet banking facility of Current Account - Distribution and sale of LPG in retail to consumers - As per Section 33 of Partnership Act, 19....
Expulsion of a partner under the Indian Partnership Act requires adherence to good faith and natural justice; vague allegations and lack of opportunity to defend render expulsion unjustified.
Expulsion of a partner must adhere to the partnership agreement and principles of natural justice, requiring good faith and adequate opportunity for response.
Disputes arising from partnership mismanagement and exclusion of partners merit arbitration, affirming the obligation of partners to act in good faith and uphold fiduciary duties.
Expulsion of a partner requires adherence to good faith and natural justice principles, including providing adequate opportunity for defense.
A bank cannot unilaterally freeze a partnership firm's account to secure debts from a separate proprietorship, as mutuality of obligation must exist for the right of set-off to apply.
It is true that jurisdiction of High Court under Art. 226 is an extraordinary jurisdiction vested in High Court not for purpose of declaring the private rights of the parties but for purpose of ensur....
The court ruled that private banks do not qualify as state instrumentalities under Article 12, and no writ lies against them unless statutory rights or fundamental rights are infringed.
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