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2025 Supreme(Online)(Gau) 5198
GAUHATI HIGH COURT
DEVASHIS BARUAH, J
M/S PROTECH HOUSING AND 10 ORS. – Appellant
Versus
INDUSIND BANK AND 7 ORS. – Respondent
FAO/31/2025
For the Appellants/Petitioners: Ms. V. Rai
For the Respondents: Mr. M. Das
Partnership firms' financial obligations and appellate procedure for reassignment of cases are pivotal in ensuring fair hearings.
Headnote:(A) Indian Partnership Act, 1932 - Appeal concerning a partnership firm and its majority partner - The appeal is noted, with parties in disagreement over the financial dealings of the firm and its obligations towards the respondent bank. (Para 1)
(B) Appellate Procedure - Courts may direct matters to be resolved without the original judge presiding. (Para 1)
Facts of the case:
The partnership firm M/S Protech Housing and others disputes financial matters with Indusind Bank concerning loans and partnerships, necessitating appellate review.
Findings of Court:
The appeal is directed for listing before a different bench.
Issues: The arising issues concern the capacity of the partnership firm with respect to its financial dealings.
Ratio Decidendi: The court emphasizes the procedural aspect of reassigning cases, allowing for a fair hearing without the original judge.
Result: Matter to be heard by another bench.
GAHC010112322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : FAO/31/2025 M/S PROTECH HOUSING AND 10 ORS.
A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OFTHE Indian Partnership Act , 1932 HAVING ITS REGISTERED OFFICE SITUATED AT 604, PROTECH CENTRE, 6TH FLOOR, GANESHGURI, G.S .
ROAD, GWAHATI, IN THE DIST. KAMRUP (M), ASSAM PIN-781006, REP. BY ITS MAJORITY PARTNER SRI LOKESH ANAND SINGHAL, S/O. SHRI ASHOK ANAND SINGHAL, R/O. 1A, MONALISA PATH, GEETANAGAR, P/S.
GEETANAGAR, ZOOR ROAD, GUWAHATI-781024.
2: LOKESH ANAND SINGHAL S/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
3: SHILPI ANAND SINGHAL W/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
4: M/S. PROTECH GRAND A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OFTHE Indian Partnership Act
1932 HAVING ITS REGISTERED OFFICE SITUATED AT 604 PROTECH CENTRE
6TH FLOOR GANESHGURI G.S . ROAD GWAHATI IN THE DIST. KAMRUP (M)
ASSAM PIN-781006 REP. BY ITS MAJORITY PARTNER SRI LOKESH ANAND SINGHAL S/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
5: M/S. PROTECH REALITY A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OFTHE Indian Partnership Act
1932 HAVING ITS REGISTERED OFFICE SITUATED AT 604 PROTECH CENTRE
6TH FLOOR GANESHGURI G.S . ROAD GWAHATI IN THE DIST. KAMRUP (M)
ASSAM PIN-781006 REP. BY ITS MAJORITY PARTNER SRI LOKESH ANAND SINGHAL S/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
6: M/S. PROTECH PLANNERS A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OFTHE Indian Partnership Act
1932 HAVING ITS REGISTERED OFFICE SITUATED AT 604 PROTECH CENTRE
6TH FLOOR GANESHGURI G.S . ROAD GWAHATI IN THE DIST. KAMRUP (M)
ASSAM PIN-781006 REP. BY ITS MAJORITY PARTNER SRI LOKESH ANAND SINGHAL S/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
7: M/S. PRIME PROMOTERS A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OFTHE Indian Partnership Act
1932 HAVING ITS REGISTERED OFFICE SITUATED AT 604 PROTECH CENTRE
6TH FLOOR GANESHGURI G.S . ROAD GWAHATI IN THE DIST. KAMRUP (M)
ASSAM PIN-781006 REP. BY ITS MAJORITY PARTNER SRI LOKESH ANAND SINGHAL S/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
8: M/S PARADISE PROPERTIES A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OFTHE Indian Partnership Act
1932 HAVING ITS REGISTERED OFFICE SITUATED AT 604 PROTECH CENTRE
6TH FLOOR GANESHGURI G.S . ROAD GWAHATI IN THE DIST. KAMRUP (M)
ASSAM PIN-781006 REP. BY ITS MAJORITY PARTNER SRI LOKESH ANAND SINGHAL S/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
9: M/S. PELICAN BUILDERS A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OFTHE Indian Partnership Act
1932 HAVING ITS REGISTERED OFFICE SITUATED AT 604 PROTECH CENTRE
6TH FLOOR GANESHGURI G.S . ROAD GWAHATI IN THE DIST. KAMRUP (M)
ASSAM PIN-781006 REP. BY ITS MAJORITY PARTNER SRI LOKESH ANAND SINGHAL S/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
10: M/S. LOKESH ENTERPRISES LLP A LIMITED LIABILITY PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE LIMITED LIABILITY PARTNERSHIP ACT
2008 HAVING ITS REGISTERED OFFICE SITUATED AT 604 PROTECH CENTRE
6TH FLOOR GANESHGURI G.S . ROAD GWAHATI IN THE DIST. KAMRUP (M)
ASSAM PIN-781006 REP. BY ITS MAJORITY PARTNER SRI LOKESH ANAND SINGHAL S/O. SHRI ASHOK ANAND SINGHAL R/O. 1A MONALISA PATH GEETANAGAR P/S. GEETANAGAR ZOOR ROAD GUWAHATI-781024.
11: M/S. AERO CITY PROJECT LLP.
A LIMITED LIABILITY PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE LIMITED LIABILITY PARTNERSHIP ACT
2008 HAVING ITS REGISTERED OFFICE SITUATED AT 604 PROTECH CENTRE
6TH FLOOR GANESHGURI G.S . ROAD GWAHATI IN THE DIST. KAMRUP (M)
ASSAM PIN-781006 REP.
