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2019 Supreme(Raj) 938

DINESH MEHTA
Premier Poly Processors L. L. P. – Appellant
Versus
Modi Lal – Respondent


Advocates Appeared:
For the Appellant : Manoj Bhandari and Deelip Kawadia
For the Respondent: Vikas Balia

JUDGMENT

Dinesh Mehta, J.

1. Mr. Vikas Balia appears for the respondents No. 1 to 3 and accepts notices on their behalf; service upon proforma respondents is dispensed with, considering the issue involved in the present writ petition. The service is, therefore, complete.

2. The present writ petition is directed against the order dated 08.07.2019, passed by the learned Additional District Judge No. 2, Udaipur (hereinafter referred to as the 'trial Court'), by which the petitioner's application dated 06.07.2019 filed Section 58(1) of the Limited Liability Partnership Act, 2008 (hereinafter referred to as the 'Act of 2008') read with Section 151 of the Civil Procedure Code has been rejected.

3. The facts appertain to the present writ petition are that the plaintiffs (respondents No. 1 to 3 herein) instituted a suit for specific performance of an agreement against the present petitioner-vendor Premier Poly Processors Pvt. Ltd. During pendency of the suit, the defendant-Company (Premier Poly Processors Pvt. Ltd.) was converted to 'Premier Poly Processors (LLP)' - a limited liability partnership firm in accordance with the provisions of the Act of 2008 (w.e.f. 24.09.2018).

4. In the advent of

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