9911796707
TMI Blog1984 (3) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian Partnership Act, 1932, in the proper form signed by all the partners was presented to the respondent, the Registrar of Firms, for the purpose of registration of the partnership under Sections 59 of the Partnership Act. Exhibit P-4 is a photostat copy of the application in Form No. I submitted to the respondent. The requisite fee for registration was also paid. The application was returned as per exhibit P-5 memo for the reason stated therein that A firm cannot be recognised as partner . The application was re-presented with exhibit P-6, letter of the auditors of the firm, stating that the Wynad Plantations P. Ltd., one of the partners of the firm, M/s. Pulimood Plantations, is not a partnership firm, but a company duly incorporated u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P-10. The application is still pending before the respondent and the firm is not yet registered under Sections 59 of the Indian Partnership Act. This original petition is to quash exhibit P-8 memo and the endorsement on exhibit P-9 as per which the respondent has taken the view that a company cannot be a partner of a firm. 2. Section 4 of the Indian Partnership Act referred to in the endorsement on exhibit P-9 defines the expressions partnership , partner , firm , and firm name . There is nothing in Sections 4 that precludes a company from becoming a partner of a firm. Partnership is defined as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igned by all the partners or their agents with verification 'of the signatures in the prescribed manner. As per Sections 59, the Registrar shall record an entry of the statement in a register called the register of firms, and shall file the statement on his satisfaction that the provisions of Sections 58 have been duly complied with. A company being a person within the meaning of Sections 4 of the Indian Partnership Act, registration cannot be declined for the reason of its being a partner of the firm. I, therefore, quash exhibit P-8 and the endorsement by the respondent on exhibit P-9 and direct the respondent to register the firm as applied for as per exhibit P-4. The original petition is allowed. There will be no order as to cost ..... X X X X Extracts X X X X X X X X Extracts X X X X
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