JUDGMENT :

Suneet Kumar, J.

1. Heard Sri M.D. Singh Shekhar and Sri M.C. Chaturvedi, learned Senior Counsels assisted by Shri R.D. Tiwari and Shri Arun Kumar, learned counsels for the petitioners, and Sri Narendra Kumar Pandey and Ms. Sudha Pandey, learned counsel for respondent Bank.

2. The first petitioner i.e. M/s Shiva Enterprises, is a proprietorship firm, second petitioner is the proprietor of the firm. The firm is engaged in the business of construction. Initially, petitioner-firm was a partnership firm which was subsequently dissolved in 2008, thereafter, became a sole proprietorship firm. The firm has a current account, with overdraft facility, being Account No. 1886009300021932, with Panjab National Bank, Branch Kidwai Nagar, Kanpur Nagar.

3. On 9 July 2009, partnership firm in the name and style M/s Maa Gayatri Construction was constituted, wherein, one Ranveer Singh and second petitioner were partners. The firm was having facility of current account being Account No. 1886002100023313 in the same branch of the respondent-bank. On 11 July 2011, one of the partner of M/s Maa Gayatri Construction filed an application with the fourth respondent stating therein that the partnersh