M/S Siddhi Enterprises Thr. Jagannath Chandrakant Koli v. M/S Gurushoham Enterprises Thr. Its Partner Rahul Vasant Patil

17-CRA-90-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 90 OF 2025 Siddhi Enterprises Through Jagannath Chandrakant Koli ..Applicant

Versus

Gurusoham Enterprises Through Its Partner Rahul Vasant Patil

...Respondent

Mr. Rohit Joshi, for the Applicant.

CORAM:

N. J. JAMADAR, J.

DATED :

26th FEBRUARY 2025 P.C.:

1.

Heard learned Counsel for the applicant.

2.

The challenge in this application is to an order dated 9th July 2024 passed by the learned Civil Judge, Senior Judge, Belapur, whereby an application preferred by the applicant for rejection of the plaint came to be rejected.

3.

The applicant has sought rejection of the Plaint on the ground ARUN RAMCHANDRA SANKPAL that the bar under Section 69(2) of the Indian Partnership Act 1932, by ARUN RAMCHANDRA SANKPAL Date: 2025.03.01 18:03:12 +0530 came into play as the plaintiff-firm was not registered on the date of institution of the suit. Subsequently, it seems, the firm came to be 1/2

17-CRA-90-2025.DOC registered. Hence the learned Civil Judge was persuaded to reject the Application.

4.

Mr. Joshi, learned Counsel for the petitioner, submits that the question as to whether the defect in the institution of the Suit on account of registration would be cured by subsequent registration, may be kept open for consideration. Keeping open the said question, the Application stands disposed.

[N. J. JAMADAR, J.] 2/2