KRISHNA FINHOLD PVT LTD Vs. GUPTA AND CO

JUDGEMENT

(1.) The Plaintiff has filed a letter dated 2.7.1996 styled as a 'Loan Application' made it by Gupta & Co., Defendant No.1. Paragraph 3 of this letter which has been signed by Shri Ved Prakash Mittal states that the Applicant is a partnership firm. It also mentions the name of Shri Ved Parkash Mittal as the third partner of Gupta & Co. and Ved Parkash Mittal & Sons. as the fourth partner. In the Suit, however, only Sita Ram has been impleaded as Defendant No.2 and not the other partners. A perusal of this document also discloses that the address of Shri Ved Parkash Mittal is WZ-258/3, Nangal Ray, New Delhi-110046 which is the registered office of the Plaintiff. This is clear from a reading of the first document which purports to be a certified copy of the Resolution of the Plaintiff company.

(2.) In the application for Leave to Defend, it has inter alia been pleaded as follows:

(3.) The response of the Plaintiff in its reply to these paragraphs is as follows: