JUDGMENT

S.B. Sinha Introduction

Effect of Constitution of a new firm while the old one is in existence is one of the interesting questions which arises for consideration in this petition.

Factual Backdrop

The petitioner is a multi service operator consisting of seven registered Cable TV MSOs wherefor, an unregistered deed of partnership was allegedly executed on 1.11.2005.

The respondent No.1 is a proprietorship concern of Shri Taj Islam. It claims itself to be one of the constituents of the petitioner-firm which is, however, denied and disputed.

The second and third respondents are also multi service operators.

The petitioner contends that the relationship between it and respondent No.1 as supplier of signals and receiver thereof started in 2005 and continued upto 2008 .

The arrangement between the parties were said to have been based on mutual trust which allegedly started deteriorating as first respondent became a constant defaulter.

It is, however, the case of first respondent that although it had been a partner in petitioner firm, it had illegally been ousted therefrom, and was forced to enter into a subscription agreement with