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TMI Blog2020 (2) TMI 1457X X X X Extracts X X X X X X X X Extracts X X X X ..... isions that a proprietorship concern unlike a company or a partnership is not a legal entity and therefore any proceeding initiated by it would be a nullity. On this count alone the application is bad and is not maintainable. A proprietorship firm is not a legal entity - it is only the proprietor of the firm who is a legal entity and as such the petition should have been filed by the sole proprietor in his name on behalf of his sole proprietorship firm - It is also the duty of the Adjudicating Authority to dispose of cases jus dicers , in accordance with law as it is and not jus dare in accordance with law as it should be. The application, so filed by the applicant is not maintainable and is bad in law as well as in facts - Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s aggregate amount of ₹ 17,68,899.04 (Rupees seventeen Iacs sixty-eight thousand eight hundred ninety-nine and paise four only) is due and payable by the respondent. 5. The petitioner has further stated that having failed to recover the operational debt as stated above, the petitioner had issued demand notice under section 8 of the I B Code in form 3 on 19th April, 2019 through his advocate. 6. In support of its claim, the operational creditor has annexed to the application, copy of all relevant documents like copy of invoices, demand notice, affidavit in support of the application, proof of service, computation showing the details of outstanding, correspondence between the two parties requesting to release payments, e-mail co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that proprietorship sues through its proprietor. It has been recognised in number of decisions that a proprietorship concern unlike a company or a partnership is not a legal entity and therefore any proceeding initiated by it would be a nullity. On this count alone the application is bad and is not maintainable. 9. On perusal of the records it is found that the instant application is filed by/in the name of M/S. Mateshwari Minerals as operational creditor. Even in part I of form 5 10. name of the operational creditor is shown/written as M/S. Mateshwari Mineralsz proprietorship firm. 10. In this regard it is pertinent to refer some of the important decisions which are as under: In Miraj Advertising Corporation vs. Vishaka Engine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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