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
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:
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-
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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