SHADOW COMMINICATIONS Vs. PRINCE GUTKA LIMITED

JUDGEMENT

(1.) The first question to be answered in this Petition is whether the relief of winding up is available to an un-registered partnership. Counsel for the Petitioner relies on Kalra. Iron Store vs. Faridabad Fabricators(P) Ltd.. (1991) 1 Comp LJ 177(Del) in which Justice Y.K.Sabharwal:, as his Lordship then was, held as follows:-

(2.) Counsel for the Respondent draws attention to the decision of a Single Judge of the Hon'ble High Court of Bombay in Padma Alloy Castings(P) Ltd, and Dabholkar Enterprises vs. Padma Alloy Castinas(P) Ltd.. (1195) 2 Comp LJ 131(Bom) in which the following contrary view has been taken:

(3.) Justice I.J. Shah had discussed and distinguished Kottamasu Sreeman Narayanamurithy's case (Supra), a paragraph of which had been extracted by Justice Y.K. Sabharwal. It would be of significance to note that while adopting his view, Justice Sabharwal had noted that there was no precedent on this legal nodus.