Ashok Kumar vs. Chandanmal
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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)