Ashok Kumar vs. Chandanmal

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice, M.M. Sundresh
Case Status:Disposed
Order Date:12 Dec 2022
CNR:SCIN010289582022

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Order Issued After Hearing

Purpose:

FRESH

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble M.M. Sundresh

Stage:

FRESH (FOR ADMISSION) - CIVIL CASES

Remarks:

Dismissed

Listed On:

12 Dec 2022

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

168555/2022,168557/2022,168558/2022,168559/2022,168560/2022,168561/2022,

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Order Text

ITEM NO.25 COURT NO.8 SECTION XV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 21911/2022

(Arising out of impugned final judgment and order dated 29-06-2022 in SBCSA No. 56/2022 passed by the High Court Of Judicature For Rajasthan At Jodhpur)

ASHOK KUMAR & ORS. PETITIONER(S)

VERSUS

CHANDANMAL & ORS. RESPONDENT(S)

(IA No. 168558/2022 - APPLICATION FOR SUBSTITUTION, IA No. 168559/2022 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN., IA No. 168557/2022 - DELETING THE NAME OF PETITIONER/RESPONDENT, IA No. 168561/2022 - EXEMPTION FROM FILING O.T., IA No. 168555/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES, IA No. 168560/2022 - SETTING ASIDE AN ABATEMENT)

Date : 12-12-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s)

Mr. Devashish Bharuka, AOR Mr./Ms. M.S. Sarvshree, Adv. Mr. Justine George, Adv. Mr. Abhijeet Singh, Adv.

For Respondent(s)

UPON hearing the counsel, the Court made the following O R D E R

Application for deletion is allowed, subject to all just exceptions. Digitally signed by NIRMALA NEGI Date: 2022.12.14 Signature Not Verified

There is a delay of 5001 days in filing of the application for substitution on account of the death of one of the partners. 14:30:36 IST Reason:

However, we deem it appropriate to examine the special leave petition on merits.

We are not inclined to interfere with the impugned judgment, in view of the order passed by the first appellate court, as affirmed by the High Court, which direct dissolution of the partnership firm . It will be open to the petitioners to set-up a new partnership firm in accordance with law.

Recording the aforesaid, I.A. Nos. 168558/2022, 168559/2022 and 168560/2022 are dismissed. The special leave petition is also dismissed.

Pending application(s), if any, shall stand disposed of.

(POOJA SHARMA) COURT MASTER (SH)

(R.S. NARAYANAN) COURT MASTER (NSH)