Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 43418
CNR No. MHCC010031312018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.434 OF 2018
IN
SUMMARY SUIT NO.6662 OF 2006
(HIGH COURT SUIT NO.1975 OF 2006)
M/s. Reliance Forge (India) ...Plaintiffs.
V/s.
M/s. Quality Engineering Products ...Defendants.
Appearances:
Ld. Adv Mr. Tripathi for plaintiffs.
Ld. Adv Mr. S. M. Shettigar for the defendants.
CORAM : HER HONOUR JUDGE
SMT. KALPANA S. HORE
COURT ROOM NO.14
DATED : 07th MARCH, 2019.
ORDER
1. This is chamber summons taken by plaintiffs for directing the
defendants to disclose the name of their partners and to produce Deed
of Partnership.
2. Plaintiff is a Partnership Firm. Plaintiff filed suit for recovery of
amount against defendants Partnership Firm. The defendant partners
filed written statement through their Power of Attorney. Defendants
contention is that defendants not disclosed the names and addresses of
the partners of the defendants firm. They have not produced Deed of
Partnership and Power of Attorney so, the defendant firm be directed to
produce names and addresses of their partners and registration
certificate as well as Deed of Partnership.
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3. Defendants Power of Attorney filed say objecting chamber
summons. His contention is that plaintiff has already taken Chamber
Summons No.1814 of 2016. It is a repetition of prayer made by the
plaintiff in earlier chamber summons. It clearly indicates that only the
abuse of process of law by the plaintiff but also an attempt to delay and
protract the main proceedings on some false, frivolous and petty
reasons which is best known to the plaintiff. His further contention is
that chamber summons taken out by the plaintiff is totally misconceived
and unwarranted. Defendants denied that defendants being
partnership firm liable to disclose the names and addresses of the
partners and produce Deed of Partnership and certificate. With this,
prayed for dismissal of chamber summons.
4. I have heard Advocate for both the parties.
5. Advocate for plaintiff submitted that defendants are partnership
firm and the plaintiff came to know from market names of partners of
defendants who are the respondent but they are not admitting that they
are partners so, defendants firm disclose the names of the partners and
produced Deed of Partnership and registration certificate.
6. Advocate of defendants submitted that plaintiff has taken earlier
Chamber Summons no.1814 of 2016 and present chamber summons is
a mere repetition of the prayer made by the plaintiff in earlier chamber
summons. He submitted that the plaintiff cannot ask the defendant to
give the names and addresses of partners.
7. I have gone through Order XXX of the Code of Civil Procedure.
Order XXX of the Code of Civil Procedure: Suits by or against firms and
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persons carrying on business in names other than their own. Order 30
Sub Rule 1 of CPC, (1) Any two or more persons claiming or being
liable as partners and carrying on business in India may sue or be sued
in the name of the firm (if any) of which such persons were partners at
the time of the accruing of the cause of action, and any party to a suit
may in such case apply to the Court for a statement of the names and
addresses of the persons who were, at the time of the accruing of the
cause of action, partners in such firm, to be furnished and verified in
such manner as the Court may direct. (2) Where persons sue or are
sued as partners in the name of their firm under sub rule (1) it shall, in
the case of any pleading of other document required by or under this
Code to be signed, verified or certified by the plaintiff or the defendant,
suffice if such pleading or other document is signed, verified or certified
by any one of such persons. I find that as per Order XXX sub rule (1) of
CPC, any party to suit may include plaintiff or defendant who can apply
to the Court for giving directions to make statement of the names and
addresses of the partners. In the present case, plaintiff in this chamber
summons applied to the Court for a statement of the names and address
of the partners so, it is necessary to ask the defendants to give the
names of partners and their addresses at the time of accruing of the
cause of action and also produce Deed of Partnership and registration of
certificate. Earlier chamber summons was withdrawn with liberty to
file present chamber summons. Therefore, I find that it is a fit case to
direct the defendants to give the names of partners and their addresses
and to produce Deed of Partnership and certificate of partnership. With
this, chamber summons is allowed and accordingly, I proceed to pass
the following order:
O R D E R
1. Chamber Summons No.434 of 2018 is allowed.
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2. Defendants are to give the names and addresses of partners of the
defendants firm on the date of accruing of cause of action and produce
Partnership Firm and registration certificate on or before next date.
3. Chamber Summons No.434 of 2018 stands disposed of
accordingly.
( KALPANA S. HORE )
Judge,
Dated : 07/03/2019 City Civil Court, Gr. Mumbai
Dictated on : 07/03/2019
Transcribed on : 07/03/2019
Signed on : 07/03/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
11.03.2019 11.00 a.m. ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court
Room No.)
HHJ Smt. K. S. HORE (CR 14)
Date of Pronouncement of
JUDGEMENT /ORDER
07.03.2019
JUDGEMENT /ORDER signed by
P.O. on
07.03.2019
JUDGEMENT /ORDER uploaded
on
11.03.2019
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