MALINI RAO Vs. HOTEL DWARAKA

JUDGEMENT

(1.) This company petition is presented by the petitioner under sub-section (4) of section 583 of the Companies Act, 1956 (hereinafter referred to as "the Act"), for the winding up of Hotel Dwaraka, respondent No. 1 herein, under the provisions of the Act contending that clauses (a), (b) and (c) of the said sub-section (4) are satisfied.

(2.) The petitioner states that the partnership firm, Hotel Dwaraka, was first constituted under an unregistered partnership deed dated 23/08/1979, and that it was subsequently reconstituted under another partnership deed dated 14/04/1984, and that the said partnership was also unregistered. Respondent No. 1 in the present company petition is the partnership firm constituted under the said partnership deed dated 14/04/1984. A copy of the said partnership deed marked as annexure "A" is filed as an enclosure to the company petition. The petitioner states that respondents Nos. 2 to 12 along with her, "originally constituted" the first respondent firm and since there are more than seven partners, section 582 of the Act is attracted. Therefore, the first respondent firm can be wound up under the Act as an "unregistered company".

(3.) The petitioner states that two other persons, namely, Sri B. Sitarama Rao and Sri B. Mohana Rao, were also partners of the first respondent the former was her father and the latter was her brother. The former died on 2/10/1985, and the latter died on 9/03/1988. According to the petitioner, the first respondent firm was a partnership at will and, therefore, it stood dissolved on the death of her father on 2/10/1985, and alternatively on 9/03/1988, on the death of Sri B. Mohana Rao.