Partners cannot unregister without due process; rights remain unless valid documents executed under the Indian Partnership Act.

JUDGMENT :

P.B. BALAJI, J.

1. The defendants in O.S.No.252 of 2018 are the appellants in this appeal suit.

2. Pleadings:

The plaint in brief:

(a) The 1^st plaintiff is a partnership firm in the name of M/s.Shree Arunachaleswarar Mills, with plaintiffs 2 and 3 being its present partners. The firm bears Registration No.880 of 2016. Originally, one A.R.A.Valliammai Achi, A.P.Visalakshi Achi, the 1^st defendant, AP.Muthu Addaikappan, O.A.A.A.P.Annamalai, AP.V.Sundaram and M/s.Karaikudi Multi Industries Private Limited, represented by its Director, O.A.A.Anantha Padmanaban Chettiar, the 2^nd defendant were partners of the said firm, when it was formed and registered in Regn.No.339 of 1966. The 1^st plaintiff firm owned the suit properties, having acquired the same, in and by sale deeds dated 13.02.1967, 10.02.1971 and 26.06.1974, in the name of firm. The firm had availed of loans to the tune of Rs.38 lakhs from Indian Bank, Udumalpet Branch, mortgaging its movable and immovable assets, including the suit properties. Consequent to failure to repay the dues, the Bank initiated proceedings in O.A.No.802 of 1998 before the Debt Recovery Tribunal, Chennai.

(b) In the meantime, one of the partners, A.R.A.Valliammai Achi died and A.P.Visalakshi Achi, wife of the 2^nd defendant and her sons, AP.Muthu Addaikappan and AP.Annamalai retired from the firm vide retirement deed dated 29.11.1999. Subsequently, in and by another retirement deed dated 01.12.1999, AP.V.Sundaram and M/s.Karaikudi Multi Industries Private Limited, represented by its Director, O.A.A.Anantha Padmanaban Chettiar, the 2^nd defendant have also retired from the firm. Consequent to the same, M/s.Enson Cotspin Private Limited, S.Nataraj and N.Kamalaveni continued as parters of the firm. The original retirement deeds dated 29.11.1999 and 01.12.1999 have been lost by the 2^nd plaintiff on 10.06.2016. Despite efforts made to trace the same, it has not been located. Public notice was effected in Tamil daily, Malai Murasu on 01.07.2016 and a police complaint was also lodged, which was acknowledged vide CSR.No.100 of 2016. Subsequently, the police authorities also issued a Non-traceable Certificate on 13.07.2016.

(c) M/s.Enson Cotspin Private Limited entered into a partnership deed on 25.11.2000, admitting the 2^nd plaintiff, his father V.Subramaniam and mother Kaveriammal, the 3^rd plaintiff and sister, Maheswari as partners. Under the same deed, M/s.Enson Cotspin Private Limited, represented by N.Rajendran, S.Nataraj and N.Kamalaveni have retired from the firm. The firm got a new Registration No.46 of 2001. A joint publication was effected in Dinamani and in New Indian Express on 06.06.2001 in compliance with the mandate of Section 72 of the Indian Partnership Act, 1932, declaring the continuing partners of the firm to be the plaintiffs 2 and 3 and the father and sister of the 2^nd plaintiff. The retirement of the defendants and their sons and various other partners were also duly intimated to the Registrar of Firms, Coimbatore and necessary mutation has taken place in Form-A on the file of the Registrar of Firms, Coimbatore, relating to the Registration No.339 of 1966.

(d) Subsequently, the 3^rd plaintiff, Kaveriammal, Subramanian and Maheswari also retired from the firm vide retirement deed dated 04.04.2002 and thus, the 2^nd plaintiff became the sole proprietor of M/s.Shree Arunachaleswarar Mills. Indian Bank brought the assets of the Mill for sale to recover its dues by public auction. The 2^nd plaintiff challenged the said proceedings. As per the orders of this Court in CRP.No.1811 of 2009 and on the file of th