9911796707
TMI Blog2007 (10) TMI 400X X X X Extracts X X X X X X X X Extracts X X X X ..... ubstantial period. The petition was filed in the name of a proprietorship concern of which one Erach Medhora was formerly the proprietor. The petitions were verified by the widow of the erstwhile proprietor describing hereself as the "proprietress of the petitioner-company". A point was taken in the affidavits filed by the companies that the proprietorship concern was non-existent upon the death of Erach Medhora and that the petitions were not maintainable. Applications were made for amending the cause titles relating to the three petitions. The companies opposed the applications on the ground that the claim being the subject-matter of the petitions, would be barred as on the date of making the application for amendment. The companies also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s rendered. The plaintiff carried on business in a name other than his own name. When the suit came for hearing, the defendant objected that a suit instituted by a person in his business name was not maintainable. Upon such objection being taken, the hearing of the suit was adjourned for a fortnight during which the plaintiff applied for amendment. The amendment was allowed with some reservation but it was recorded in such order that the plaintiff would only be entitled to such relief as he would be entitled to claim if the suit had gone on from the time of his being joined as plaintiff. 6. The Sind case [Mangharam Rupchand Firm (supra)] relied on Neogi Ghose and Co.'s case (supra) principle. In the Bombay case [Bhagvan Manaji Marwadi (sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the basis of the above Mr. Sen argued that in the instant case, admittedly, the firm, i.e., the partners of the firm are joint tenants of the plaintiff in respect of the said godown. The defendant is liable to pay the rent to the plaintiff in respect of the said godown as such a joint tenant, i.e., joint promisor and/or as a partner. The admitted failure of the firm to pay rent to the plaintiff is an act within the meaning of section 25 of the Indian Partnership Act, 1932, read along with section 2(a) thereof which reads as follows : '2. In this Act, unless there is anything repugnant in the subject or context,- (a)An "act of a firm" means any act or omission by all the partners, or by any partner or agent of the firm which gives rise t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and can be conclusively answered in proceedings of summary nature without requiring a protracted trial on the issue. 11. The company next relies on the alleged vagueness of the claims, of them being unsubstantiated and a substantial portion thereof being apparently barred by the laws of limitation. 12. There is no vagueness about the claims. Since the goods required excise passes to be issued for their movement, the petitioner has relied on such excise passes. The petitioner has also relied on the documents evidencing delivery of the goods covered by the invoices and the companies have not been able to dispute such documents. 13. It can now be appreciated as to why the companies asserted that the date of the amendment or the date of ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been able to dispute the outstanding amount of Rs. 2,70,277 by showing that any payments in addition to those recorded in the statutory notice had been made by the company. Accordingly, C.P. No. 486 of 2004 is admitted for the principal sum of Rs. 2,70,277 together with interest thereon at eight per cent per annum from 31-5-2002 (the day following the last date of payment). If the company makes payment of such sum inclusive of interest within eight weeks from date, Company Petition No. 486 of 2004 will remain permanently stayed. In default, the petition will be advertised once in The Statesman and once in Aajkal. The publication in the Official Gazette will stand dispensed with. The advertisements should indicate that the matter would be re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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