PREETI NURSING HOME Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Heard Sri Ravi Kant, Senior Advocate assisted by Sri Tarun Agarwal for the petitioner and Sri Sachin Upadhyay for the respondents.

(2.) The petitioner "M/s Preeti Nursing Home" is said to be a registered partnership firm under Section 69 of Indian Partnership Act, 1932 (hereinafter referred to as "Act, 1932") having three partners namely Dr. (Mrs.) Preeti Gupta, Sri Amit Gupta and Dr. P.C.Gupta. It was founded in September, 1979. It is carrying on a Nursing Home at 39, C.Y. Chintamani Road, Allahabad. It also claims to have employed in all 10 persons; three permanent and seven casual/temporary workers including Trainees/Apprentices nurses and other staff for running the aforesaid establishment.

(3.) There is another establishment having some similarity with the name though not exactly the same, namely "M/s Preeti Hospital", which was founded in 1990. It is also an independent firm and registered with Registrar of Firms, Chits and Societies under Section 69 of Act, 1932 and partnership consists of Sri Anuj Gupta, Amit Gupta, Smt. Sushila Gupta and Dr. (Mrs.) Preeti Gupta. In order words, it may be said that in both the establishments, two partners are same but rest are different. Rest have no interest in common with the aforesaid establishment.