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2024 Supreme(Online)(NCLT) 401

MUMBAI BENCH

CP/36/(MB)/2023

Interlocutory Application under Section 25 (6) of the Limited Liability

Partnership Act, 2008 ("LLP Act")

1)

Ms. Niharika Basetty,

Former Designated Partner of Intuition Yoga LLP,

House No. 5-23, Sai Vihar Nagar, Phase – I, Meerpet,

Ranga Reddy District 500 097, Telangana

Petitioner

Versus

1)

Registrar of Companies, Mumbai,

100, Everest, Marine Drive, Mumbai – 400 002

2)

Intuition Yoga LLP,

B-6, Twinkle Apartments, 3rd Floor, Lokhandwala, Andheri,

West Mumbai – 400 053

3)

Mr. Naresh Pulluri,

Plot No.4, Shanthi Ville Vampuguda Kapra,

ECIL, Secunderabad, Telangana 500062.

4)

Mr. Pavan Baapuwari Kumar,

H. No. 1-2-24/4-1, Shanthi Villa Colony,

Vampuguda, Kapra, ECIL Secunderabad,

Telangana 500062.

Respondents

Order delivered on 05/01/2024

Page 2 of 7

CORAM:

Hon’ble Member (Judicial), SH. Justice Virendrasingh G. Bisht

Hon’ble Member (Technical), SH. Prabhat Kumar

Appearance:

For the Petitioner

:

Mr. A Nagraj Kumar, Advocate

For Respondents

:

None present

Per

:

Prabhat Kumar

Advocates:
For the Petitioner:Harika

ORDER

1) Ld. Counsel for the Petitioner is present. We have perused the Company Petition.

2) The present Company Petition has been filed by the Petitioner seeking the following reliefs:

    i. Directing the Respondent-1, the Registrar of Companies, Mumbai to register the 1. resignation of the Petitioner as Designated Partner of Respondent-2, effective from 14.04.2022, pursuant to section 25(6) of the Limited Liability Partnership Act, 2008;
    ii. Directing the Respondent-1, the Registrar of Companies, Mumbai to update the resignation of the Petitioner as designated Partner of Respondent-2 on www.mca.gov.in records;
    iii. imposing maximum fine on the Respondent-2, pursuant to section 25(4) of the Limited Liability Partnership Act, 2008;
    Page 3 of 7 iv. imposing maximum fine on each of the Respondent-3 and Respondent-4, pursuant to section 25(6) of the Limited Liability Partnership Act, 2008;
    v. granting compensation of an amount of Rs.1,00,000 (Rupees One Lakh Only) for the mental agony caused to the Petitioner;
    vi. costs of an amount of Rs. 25,000 (Rupees Twenty-Five Thousand Only) being expenses incurred by the Petitioner;

3) The Petitioner, Respondents 3 & 4 were the Partners in the Respondent No. 2 Limited Liability Partnership firm. Respondent No. 1 is the Registrar of Companies, Mumbai.

4) It is submitted that on 08.03.2019 Respondent-3, Respondent-4 and the Petitioner in the capacity of designated partners incorporated Respondent-2 LLP in the state of Maharashtra. On professional front, the Petitioner has resigned as Designated Partner of Respondent-2 LLP with effect from 14.04.2022 5) Respondent-4 vide email dated 15.04.2022 with the attachment of Letter dated 15.04.2022 acknowledged and accepted the resignation of the Petitioner.

Page 4 of 7 6) Petitioner forwarded the resignation letter to the registered office of Intuition Yoga LLP and the same got returned on 14.05.2022 with the remarks “Addressee Absent/Unclaimed”.

7) On 17.05.2022 the Petitioner received the Notice of Cessation of Responent-4 to resign as a partner of Intuition Yoga LLP with effect from 14.05.2022.

8) The Petitioner pursuant to section 25(6) of the LLP Act, forwarded through email and RPAD the notice of cessation to the Respondent-1, RoC Mumbai.

9) The Petitioner forwarded follow-up request letter dated 16.08.2022 to the Respondent-1 seeking update on her Notice of cessation dated 27.05.2022 and there is no response received from the Respondent-I thereof.

10) The Petitioner's father, Mr. Nagraju Basetty on 27.10.2022 visited the Respondent-1, RoC Mumbai office in person and submitted the follow-

    up request letter for doing the needful. However, it has been averred that till date there is no response received from the Respondent-1 on the registration of Petitioner's resignation as Designated Partner of Respondent-2 LLP.
    Page 5 of 7 11) The Petitioner resigned as Designated Partner of Respondent-2 LLP effective from 14.04.2022 and forwarded the resignation letter to the Respondent-2 LLP and other Designated Partners. Since the Respondent-2 LLP and other partners have miserably failed to file the respective forms with the Registrar of Companies, Mumbai, the Petitioner forwarded the Notice under section 25(6) of LLP Act, to Respondent 1, RoC Mumbai for doing the needful and registration of resignation of the Petitioner as Designated Partner of Respondent-2 LLP.
    Based on the principles of natural justice and rule of equity, it is just and necessary to register the resignation of Petitioner as Designated Partner of Respondent-2 LLP us 25(6) of LLP Act, and update the same on www.mca.gov.in records accordingly.

12) Heard learned Counsel and perused the materials available on record. We find that the Applicant vide email dt. 14.04.2022 sent his resignation letter to r


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