Patan Finance And Investment Company Ltd v. M/S Gujral Traders And ANR

-1CRR-3882 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-3882 of 2018 (O&M) Date of Decision: 02.03.2020 Patan Finance and Investment Company Limited

...Petitioner

Versus

M/s Gujral Traders and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Anurag Chopra, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Through this revision challenge has been laid to order dated 29.08.2018 of the trial Court, whereby application of the petitioner for substituting word 'proprietor' with 'partner' in the title of the complaint was rejected.

Briefly, revisionist filed a complaint against respondents under Section 138 of the Negotiable Instruments Act impleading respondent No.2 as proprietor of respondent No.1 firm. However, revisionist later on came to know that respondent No.1 was a partnership firm. Respondent No.2 was only a partner amongst its other partners. Hence, to make the things straight, revisionist moved application to make necessary correction in the impugned complaint, which was rejected vide impugned order. Having given thoughtful consideration to the submissions made by learned counsel for the petitioner, revision is allowed. Impugned order is set aside. Trial Court is directed to accept the amended complaint and RAVINDER SINGH 2020.03.07 14:13 I attest to the accuracy and integrity of this document

-2CRR-3882 of 2018 (O&M) proceed in accordance with law.

(RAMENDRA JAIN) March 02, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.03.07 14:13 I attest to the accuracy and integrity of this document