LAWS(APH)-2014-12-98

S LAKSHMI Vs. RELIANCE BUILDERS, HYDERABAD

Decided On December 31, 2014
S Lakshmi Appellant
V/S
Reliance Builders, Hyderabad Respondents

JUDGEMENT

(1.) THIS revision is directed against the order and decree, dated 06 -06 -2014 in I.A.No.2437 of 2013 in O.P.No.1949 of 2013 on the file of the II Additional Chief Judge, City Civil Courts, Hyderabad.

(2.) ORIGINALLY petitioner herein (1st respondent in I.A.) filed the above O.P.No.1949 of 2013 under Section 9 of the Arbitration and Conciliation Act, 1996 (for short the Act) seeking the following reliefs.

(3.) IT is averred in the O.P. that 1st respondent firm was originally constituted as a partnership firm under a partnership deed, dated 19 -04 -1988 of which respondents 2 to 6 along with the respondents 11 to 13 were partners. It was under the partnership deed , dated 27 -11 -1991 under which Smt.Ashrafunnisa Begum, Sultan Naseeruddin and Sultan Rasheemuddin were inducted as partners. Again it was reconstituted under the partnership deed, dated 02 -07 -1992 under which the petitioner along with respondents 7 to 9 were inducted as partners and respondent No.10 who was minor then admitted to the benefits of partnership of the 1st respondent firm. Under the same partnership deed, respondents 11 to 13 along with Smt.Ashrafunnisa Begum, Sultan Naseeruddin and Sultan Rasheemuddin retired from the 1st respondent firm. Respondents 11 to 13 along with respondents 2 to 6 are now claiming that the firm, which was reconstituted and stood dissolved long back by partnership dated 27 -11 -1991 is still subsisting and is distinct from the reconstituted firm under the partnership deed, dated 02 -07 -1992. 2nd respondent was managing the 1st respondent firm from its inception and continued to be the Managing Partner of the reconstituted firm and he was given all the powers under the partnership deeds executed from time to time to constitute and reconstitute of the 1st respondent firm and finally the firm reconstituted under the partnership deed, dated 02 -07 -1992 alone has been carrying on the business in the name and style of M/s Reliance Builders from 1988 till date and all the transactions including the deeds of sale, purchase and development have been executed by or on behalf of and in the name of M/s Reliance Builders by the 2nd respondent.