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2023 Supreme(P&H) 1695

HARKESH MANUJA
Metal ARC Agri. LLP (M/s) – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties :Mr. Saurabh Bajaj, Mr. Shivendra Swaroop DAG, Haryana, Mr. Puneet Bali Senior, Advocate, Mr. Vipul Joshi, Mr. Shubhang Tandon, Mr. Vishavjeet S. Beniwal, Mr. Prashant Kumar Kapila

Judgment

Mr. Harkesh Manuja, J.

By way of present revision petition, challenge has been made to an order dated 06.04.2023 passed by the Executing Court-cum-Additional District Judge, Faridabad, whereby an application filed at the instance of the petitioner, invoking Order 21 Rule 15 (2) read with Section 151 CPC, in pending execution, with a prayer for protecting and remittance of 11.33% share out of the decreetal amount, stands dismissed.

2. Briefly stated, 15 kanal 10 marla of land situated in village Sarai Khawaja, District Faridabad, was owned by respondent No.3-M/s Hydraulics & Pneumatics (India) Pvt. Ltd. (hereinafter referred to as ‘the Company’). Later by virtue of deed executed on 17.06.2013, registered on 22.06.2013, an agreement of limited liability partnership was executed in terms of Section 2(iv) of the Limited Liability Partnership Act, 2008 (hereinafter referred to as ‘2008 Act’), whereby the legal status of “the Company” was converted into limited liability partnership firm i.e. in the name of M/s Hydraulics & Pneumatics (India) LLP (hereinafter referred to as ‘LLP Firm’), with Mr. Anirudh Kumar s/o Brij Raj Kumar, having 11.33 % share therein, besides others.

3. Vide

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