MEHDI MANDIL Vs. TRANS SHARJAH AVIATION LIMITED

JUDGEMENT

(1.) The suit is filed by the plaintiff against the defendants describing them as a partnership firm operating under4 a municipal trade licence issued under the law of the United Arab Emirates and the writ of summons in the suit was served upon one Mr. Jehangir R. Mody as a partner of the defendant's firm. I am informed that the writ of summons has also been served upon one Abdul R. Bukhatia who, according to the plaintiff, is the other partner of the said firm. The said Mr. Mody has filed his appearance in this suit under protest alleging that the defendant firm is not a partnership firm at all but is in fact a company with liability of its members limited to the extent of their contribution. As the appearance has been filed under protest, the plaintiffs have taken out the present chamber summons for the purposes of having the said protest raised and by consent of the parties chamber summons has been taken up for hearing first.

(2.) Mr. Subramaniam, appearing on behalf of the plaintiff, has submitted that the said Mr. Jehangir R.Mody along with the said Abdul Bukhatia were carrying on business under the name and style of Trans Sharjah Aviation Ltd. and that the said concern is in fact a partnership. In support of his contention, he relies firstly upon the admission made by the said Mr. Jehangir Mody in his written statement which has been filed in this court on November 9, 1976, wherein in paragraph 5(a) it is admitted that there is no condified company law at Sharajah. He further submits that the fact that this is a partnership is also borne out from a letter dated August 26, 1976, addressed by the Sharjah Chamber of Commerce and Industry to the plaintiff in this suit and which letter is annexed as exhibit "A" to the affidavit in support of this chamber summons. In the said letter, Sharjah Chamber of Commerce and Industry states that the defendant firm is a partnership concern and that the partners of the said firm are Mr. Abdul Rehman Bukhatia of Sharjah and Mr.J.R. Mody of India. Mr. Subramaniam also drew my attention to a letter dated May 23, 1975, addressed by the said Jehangir Mody to the firm of Messrs. Jamshedji Rustomji and Devidas and Jain and Merchant, former solicitors of the present plaintiff, in which the said Mr. Mody states as follows:

(3.) I have to inform you that I am leaving for Sharjah on a visit to settle various matters with my partner, Mr. Abdul Rehman Bukhatia...