M/S Brand Connect v. M/S Pamm Advertisement And Marketing

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA(COMM) 352/2024 & CM APPL. 49277-49278/2024 M/S BRAND CONNECT .....Appellant Through:

Mr Shahrukh Ejaz, Mr Parikshit Goyal, Ms Palak Singh Parihar, Advocates.

versus M/S PAMM ADVERTISEMENT AND MARKETING .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 28.08.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.

After some arguments, the learned counsel for the appellant seeks to withdraw the appeal with liberty to take recourse to an appropriate remedy, albeit as per law.

2.

The learned counsel for the appellant says that since the suit filed by the appellant was dismissed based on the preliminary objection, that is, on the date of institution of the suit, it was not a registered partnership firm and therefore, was barred from maintaining the suit action in view of provisions of Section 69 of the Indian Partnership Act, 1932, it ought not to have been foreclosed from agitating the issue raised on merits in a fresh suit action, since during the pendency of the suit action the appellant firm had obtained registration.

RFA(COMM) 352/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 06:33:13

2.1 The appellant firm, we are told, was registered on 09.01.2023. The appeal is dismissed as withdrawn.

4.

In the event the appellant takes recourse to an appropriate remedy to agitate its rights on merits, albeit as per law, obviously, the dismissal of the suit action based on a preliminary objection will not come in the way in having its cause adjudicated.

4.1.

Needless to add, if such a course is embarked upon by the appellant, all defences will be open to the respondent/ defendant, including the defence concerning limitation.

5.

Pending applications shall stand disposed of. RAJIV SHAKDHER, J AMIT BANSAL, J AUGUST 28, 2024/ PB Click here to check corrigendum, if any RFA(COMM) 352/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 06:33:13