This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Unregistered Partnership Firm can file Suit against Dishonour of Cheque: Delhi HC
Case Law Details
- Case Name
- M/S. Hindustan Infrastructure Construction Corporation Limited & Anr. Vs M/S. R.S. Woods International & Ors. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
M/S. Hindustan Infrastructure Construction Corporation Limited & Anr. Vs M/S. R.S. Woods International & Ors. (Delhi High Court)
Admittedly the respondents an unregistered partnership firm has filed a Civil Suit for recovery of money on account of dishonour of cheques issued to it by the defendants.
In the instant case, the respondent is seeking enforcement of the liability of the petitioners created under Section 30 and 37 of the Negotiable Instruments Act, 1881 as the cause of action for the plaint is based on the dishonour of the said cheques. Since, the suit is not based on any con...
IMPROMPTU
Times have changed ; so also the tides of Time.
WRT
“Since, the suit is not based on any contract between the parties, the bar under Section 69 (2) of the Act would not apply.”
The judicial view the court has thus taken makes for a progressive and pragmatic down-to-earth verdict; setting the trend requiring to be rightly followed , without standing or insisting upon a hollow outdated requirement of a ‘ formal registration’.
To dilate (:
The formality of registration of an entity , it needs to be made a conscious note, has lost its legal significance over the times. If scouted around diligently, one will not fail to identify instances galore to prove /demonstrate or illustrate the point.
For an example, look up cases in which, entities such as –
‘social clubs’ ;
‘property owners association’; or
the like.
have succeeded in taking on and successfully pursued litigation, in civil, criminal and other courts or adjudicating /forums, such as Consumer courts, for having their common grievances settled and resolved.
in Short, the so called “class action” has come to stay as a convenient and lawful recourse for seeking and securing ‘justice’.
Master Note: This is an aspect which has assumed greater significance, especially in recent years, in all such related matters- one of which is claim for tax exemption on the ground of/ by invoking the age old “Doctrine of Mutuality”.
For a discussion and exposition of the referred principle, if care to, suggest to go through the Articled displayed, not long ago, on this website itself.
courtesy