M/S.Doshi Construction v. M/S.Mec International Private
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 31ST DAY OF AUGUST 2018 THE HON'BLE DR. JUSTICE ANITA SUMANTH A.No.4812 of 2018 in A.No.5201 of 2018 in C.S.No.574 of 2010 M/s. Doshi Constructions, a partnership firm registered under the India Partnership Act, having its registered office at No.3H, Century Plaza, No.560, Teynampet, Chennai 600 018.
Represented by its partner (*)Mehul H.Doshi (Amended as per order dt.31.08.2018 in Appl.No.4812/2018) (& time extended as per dt.24.09.2018) ...Applicant/Plaintiff (in A.No.4812 of 2018) -vs1. M/s. MEC Internation Private Limited (Formerly Known as M/s. Madras Electrical Conductors Private Limited)
2. Elroi Management Consultant
3. Dhanam Enterprises
4. Unifrieght India Pvt Ltd
5. Abhirami Enterprises
6. Joyco India Pvt Ltd
7. Piyesta Furniture Pvt Ltd
8. Damro Exports Pvt Ltd
9. Frito Lay India Ltd
10. Bell Ceramics Ltd
11. Crompton Greaves (Customer Care Centre)
12. I.F.B.Industries Ltd 13.Godrej Industries Ltd
14. Ciba Industries Ltd
15. Hawkins Cooker Ltd
16. Video Jet Technology India Pvt.Ltd
17. Maratha Electric India Pvt Ltd
18. Boxter India Pvt.Ltd
19. S.R.Laboratories
20. Paraj Trust
21. Kanad Ceramic Tiles
22. Electrolux Kelvinator Ltd 23 Euro Tiles Shop
24. Safari Ceramics
25. A.T.e.Enterprises
26. Vaigai Sanitation Pvt Ltd
27. S.R.P.Enterprises
28. Acqua Line
29. Ajitha Sil Chem Pvt.Ltd
30. Gepton Car Care
31. Vijay dresses
32. M/s.Bangalore Iyengar Bankery
33. M/s. Balaji Bakery
34. M/s.S.M.S.Bucary Wakf A1 Aulad Estate Represented by its Muthavalli S.M.S.Kalvath Syed Abdul Khader No.87/42, Swami Naicken Street, Chindatripet, Chennai 600 002.
...Respondents/Defendants
(in A.No.4812 of 2018) A.No.5201 of 2018
1. M/s. Manju Lakshmi Associates Represented by its Managing Partner Mr.s.Balasubramanian, M/38 years No.6 (Old No.37)
Arcot Road,
2. M/s. Supre Cfa Rep. by its Proprietor K.s. Ananda Krishnan No.6 (Old No.37) Arcot Road,
3. M/s.Ikon Sofa Rep by its partner S.Malik No.6 (Old No.37) Arcot Road,
4. M/s.Global Clinical Lab Rep.by its Partner D.Thangaraj No.6 (Old No.37) Arcot Road,
5. M/s.Venkataramana Meals Rep.by Mr.B.Subramanium No.6 (Old No.37) Arcot Road,
6. M/s.Shree Parmaeswari Enterprises, Rep.by its Proprietrix Mrs.M.Varalakshmi No.6 (Old No.37) Arcot Road,
7. M/s. best Walk, Rep. by its Proprietor Mrs.Fousual Hinaya No.6 (Old No.37) Arcot Road,
8. M/s. Century Neon Signs,
Rep.by its Proprietor P.Subramaniam No.6 (Old No.37) Arcot Road,
9. M/s. Aswom Enterprises Rep.by its Proprietrix Mrs.R.B.K.Rajeswari No.6 (Old No.37) Arcot Road,
10. M/s.Aswin Associates Rep.by its Proprietrix Mrs.R.B.K.Rajeswari No.6 (Old No.37) Arcot Road,
11. M/s. Sri Santhoshi Agencies Rep.by its Proprietor K.S.Ananda Krishnan No.6 (Old No.37) Arcot Road,
12. M/s. Rekha Sweets Rep by its proprietor K.Govindasamy No.6 (Old No.37) Arcot Road, 13.M/s. Sri Devi Traders Rep by s.Sathya Narayana Murthy No.6 (Old No.37) Arcot Road,
14. M/s. Namma Unavagam Pvt Ltd., Rep by N.Sateesh Kumar No.6 (Old No.37) Arcot Road, ...Applicants/Proposed Party
1. M/s. Doshi Constructions, a partnership firm registered under the India Partnership Act, having its registered office at No.3H, Century Plaza, No.560, Teynampet, Chennai 600 018.
Represented by its partner (*)Mehul H.Doshi (Amended as per order dt.31.08.2018 in Appl.No.4812/2018) (& time extended as per dt.24.09.2018)
...Respondent/Plaintiff
2. M/s. MEC Internation Private Limited (Formerly Known as M/s. Madras Electrical Conductors Private Limited)
3. Elroi Management Consultant
4. Dhanam Enterprises
5. Unifrieght India Pvt Ltd
6. Abhirami Enterprises
7. Joyco India Pvt Ltd
8. Piyesta Furniture Pvt Ltd
9. Damro Exports Pvt Ltd
10. Frito Lay India Ltd
11. Bell Ceramics Ltd
12. Crompton Greaves (Customer Care Centre)
13. I.F.B.Industries Ltd 14.Godrej Industries Ltd
15. Ciba Industries Ltd
16. Hawkins Cooker Ltd
17. Video Jet Technology India Pvt.Ltd
18. Maratha Electric India Pvt Ltd
19. Boxter India Pvt.Ltd
20. S.R.Laboratories
21. Paraj Trust
22. Kanad Ceramic Tiles
23. Electrolux Kelvinator Ltd 24 Euro Tiles Shop
25. Safari Ceramics
26. A.T.e.Enterprises
27. Vaigai Sanitation Pvt Ltd
28. S.R.P.Enterprises
29. Acqua Line
30. Ajitha Sil Chem Pvt.Ltd
31. Gepton Car Care
32. Vijay dresses
33. M/s.Bangalore Iyengar Bankery
34. M/s. Balaji Bakery
35. M/s.S.M.S.Bucary Wakf A1 Aulad Estate Represented by its Muthavalli S.M.S.Kalvath Syed Abdul Khader No.87/42, Swami Naicken Street, Chindatripet, Chennai 600 002.
...Respondents/Defendants 1 to 34
Application praying that this Hon'ble Court be pleased to implead the applicant parties as defendants in C.S.No.574 of 2010.
A.No.4812 of 2018 Application praying that this Hon'ble Court be pleased to permit amendment of plaint by substituting the name of the plaintiff Mr.Harshad V Doshi with the name of Mr.Mehul H Doshi in C.S.No.574 of 2010.
These Applications coming on this day before this court for hearing, the court made the following order: The prayer in A.No.4812 of 2018 is for amendment of plaint by substituting the name of the plaintiff Mr.Harshad
V. Doshi, who represents the plaintiff/applicant with the name of Mr.Mehul H Doshi, consequent upon the demise of Mr.Harshad Doshi. There is no dispute on the position that Mr. Harshad Joshi, one of the parters of the plaintiff has passed away on 17.04.2018.
2. A counter has been filed to the effect that no registered partnership deed has been produced to evidence the continuance of the partnership post the demise of the partner.
3. It is also contended on behalf of the respondent that no resolution as is statutorily required to be passed upon the demise of the partner or a document reconstituting the firm have been produced.
4. Reference is made by the learned counsel for the applicant to sections 42 and 63 of the Partnership Act 1932. Section 42 deals with dissolution of the firm on the occurrence of certain contingencies. In the present case, it is an admitted position that in terms of the Deed of Partnership dated 01.04.2007 the partnership is one at Will and does not dissolve upon the demise of the partners. Clause (2) of the partnership deed reads as follows: That the partnership shall come into effect from 01.04.2007 and the duration of the partnership shall be at will: But the death or retirement of any of the parties hereto shall not ipso-facto cause the dissolution of the firm and the surviving partner shall be entitled to continue and carry on the said business in any manner they might choose
5. Per contra, learned counsel appearing for the respondent refers to Section 69 of the Partnership Act, 1932 to state that the non-drawing of a re-constituted
partnership deed pursuant to the demise of Mr.Harshad Doshi would have the effect of nonregistration, which would go to the root of the matter. He relies in this regard to a decision of the Allahabad High Court in the case of Subhash Chandra Kesarwani Vs. Assistant Registrar, Firm, Societies and Chits, (CDJ 2003 All HC 186), to the effect that upon demise of one of the partners, the law requires that a notice be issued to the Registrar of Firms accompanied by the re-constituted deed.
6. In the present case, a communication dated 16.08.2018 has been addressed to the Registrar of Firms intimating it of the demise of the partner, duly received on 23.08.2018.
7. The learned counsel appearing for the respondent, in conclusion does not seriously object to the amendment sought and only prays that liberty be granted to him to raise his objections as recorded above in the course of further proceedings. Liberty is granted.
8. This application is ordered. Amendment to be carried out within a period of 2 weeks from today.
9. List A.No.5201 of 2018 on 12.09.2018.
Sd/.A.S.M.J 31.08.2018 //Certified to be a true copy// Dated this the th day of 2018. KY/27.09.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.