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TMI Blog1983 (7) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... j Urs, J. This petition was admitted after hearing the parties on April 20, 1982. On that date, there was no dispute between the parties regarding the jurisdiction of this court to entertain this petition. However, having regard to the contentions raised in Company Petition No. 4 of 1982, paper publication was deferred. That is evidenced by the order sheet of the court. Thereafter, numerous adjou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt to proceed with the winding up of the company and that the more appropriate remedy for the petitioners is to pursue proceedings in the proper civil court having jurisdiction to complete the dissolution of the firm. That the firm has dissolved itself is not in dispute. It is Mr. Krishna Murthy's argument that this court should not exercise its jurisdiction under section 433 of the Companies A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore that court was that a suit for dissolution of a partnership firm consisting of more than 7 persons could not be in a civil court and the proper forum was only the company court as it was a deemed company. That proposition was negatived by the Supreme Court. It was held that a suit also was maintainable under the Partnership Act. The two decisions relied upon by Mr. Krishna Murthy do not su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emselves into an association of persons answering to the description of "deemed companies" under the Act to settle their mutual rights as well as public interest if it is involved. It may be in some cases such companies may owe debts to third parties creditors whose interest also is to be safeguarded instead of driving them to civil litigation. If the argument of Mr. Krishna Murthy is to be acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company has been unregistered and has been dissolved, then this court on the motion of a person who is entitled to move this court is bound to wind up the company. There cannot be a bar. In that circumstance, I do not see any impediment to proceed further with the winding-up of the first respondent company and direct advertisement of the petition in Deccan Herald of Bangalore on or before 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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