SARASWATI TRADING COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) One 'Saraswati Trading Company', through its Manager and Administrator " Patel Dalabhai Sonabhai is before this Courts. In the memo of the revision application said Patel Dalabhai Sonabhai is described as 'applicant (original complainant)'. Prayer made in the revision application is:

(2.) The complaint is filed by the manager/administrator of a trading concern - 'Saraswati Trading Company'. It is not the case of the complainant that the said 'Saraswati Trading Company' is a 'legal entity', it is neither a registered partnership firm nor a company registered under the Companies Act. It is also not registered under any other law, so as to acquire a status of 'legal entity' in the eye of law. Once there is no status of 'legal entity', there is no question of such 'concern' being recognized by the Court of law for adjudication of its rights. It is not the case of the complainant that 'Saraswati Trading Company' is a sole proprietorship concern and that the complainant is the proprietor of that concern. Patel Dalabhai Sonabhai has described himself as a manager and administrator of the said trading concern, meaning thereby that Patel Dalabhai Sonabhai cannot have any personal interest in the affairs of 'Saraswati Trading Company', which is not a 'legal entity' in the eye of law and therefore, it has no existence.

(3.) Mr.Virat G.Popat, learned advocate for the petitioner vehemently submitted that Agricultural Produces Market Committee, Dhanera has issued a licence in the name of 'Saraswati Trading Company'. Xerox copy of the same is placed on record. This certificate, issued by Agricultural Produces Market Committee, Dhanera can not confer a status of 'legal entity' on Saraswati Trading Company and therefore, it is of no help to the present petitioner " original complainant. If at all that licence confers any right on the complainant, the petitioner may enjoy the same. But so far as an enforcement of right in the Court of law of concerned, the same can be only in accordance with settled principle of law.