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TMI Blog2022 (10) TMI 433X X X X Extracts X X X X X X X X Extracts X X X X ..... t case, the applicant has stepped into the shoes of the petitioner in CP (IB) No. 217/Chd/Hry/2020 being the legal heir/wife of Vijender Kumar Jain(Since Deceased) - the present application is allowed and the applicant is to continue the proceedings in the present petition and the amended memo of parties is also taken on record. - IA No. 395/2021 In CP (IB) No. 217/Chd/Hry/2020 - - - Dated:- 10-10-2022 - Hon ble Mr. Harnam Singh Thakur , Member ( Judicial ) And Hon ble Mr. Subrata Kumar Dash , Member ( Technical ) For the Applicant : Mr.Rajansh Thukral , Advocate For the Respondent : Mr. SP Singh Chawla , Advocate ORDER Per : Harnam Singh Thakur , Member ( Judicial ) IA No. 395/2021 The present application i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. The contents of Section 3(23) are reproduced below- (23) person includes- a) an individual; b) a Hindu Undivided Family; c) a company; d) a trust; e) a partnership; f) a limited liability partnership; and g) any other entity established under a statute, and includes a person resident outside India; 4. The respondent has relied upon the judgment of M/s. Double Seven Enterprises Vs. M/s. Vijay Fine Art Press on 30 August, 2018, District Court(Delhi-Central) bearing number Suit No.: 07/14 (Old); 99188/16 (New) in which it has been held that the plaintiff cannot be allowed to change his stance and again sought recovery from deceased proprietor of M/s. Vijay Fine Art Press which after the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y its Sole Proprietor Mr. M. Murali. In this regard, as decided by this Tribunal Section 2 of 1 B Code 2016 applies to Partnership Firms and Proprietorship Firms. As per Sub Clause (f) of Section 2, the person defines in Sub Section 23 of Section 3 includes a Partnership Firm. Therefore, relying upon the decision of this Tribunal there is no error apparent in the Impugned Order, this Tribunal in Neeta Saha supra held at Para 14 which reads as under. 14. Even the judgment shows the name of Respondent No.l as the Operational Creditor in his personal name. The Adjudicating Authority in effect has allowed the defects to be cured. The objection on this count does not survive We also note that Section 2 of IBC provides that the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a juristic person but Order XXX Rule 1 CPC enables the partners of a partnership firm to sue or to be sued in the name of the firm. A proprietary concern is only the business name in which the proprietor of the business carries on the business. A suit by or against a proprietary concern is by or against the proprietor of the business. In the event of the death of the proprietor of a proprietary concern, it is the legal representatives of the proprietor who alone can sue or be sued in respect of the dealings of the proprietary business. The provisions of Rule 10 of Order XXX which make applicable the provisions of Order XXX to a proprietary concern, enable the proprietor of a proprietary business to be sued in the business names of his prop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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