Supreme Court of India

Shiv Developers through its Partner Sunilbhai Somabhai Ajmeri v. Aksharay Developers & Ors.

Neutral citation
Reported as [2022] 8 S.C.R. 135
Bench Dinesh Maheshwari and Vikram Nath JJ.
Decided 31 January 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

From the headnote

Partnership Act, 1932 – s.69(2) – Bar under – When not attracted – Held: To attract the bar of s.69(2), th e contract in question must be the one entered into by firm with t he third-party defendant and must also be the one entered into by the plaintiff firm in the course of its business dealings – s.69(2) is not a bar to a suit filed by an unregistered firm, if the same is for enf orcement of a statutory right or a common law right – In the prese nt case, the transaction in question was not the one entered into by the appellan t- plaintiff, an unregistered partnership firm during th e course

Where later benches applied it

Of those, 1 mentioned

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