M/S Maa Vindyavasini Enterprises vs The State Of Jharkhand And Others
2023 Latest Caselaw 2794 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P. (C) No. 2108 of 2023

         M/s Maa Vindyavasini Enterprises     ...   ...    Petitioner
                                  Versus
         The State of Jharkhand and others ...        ...     ...    Respondents
                                  ---------
         CORAM:         SRI SANJAYA KUMAR MISHRA, C.J.
                             SRI ANANDA SEN, J.

---------

For the Petitioner: Mr. Amritansh Vats, Advocate For the Respondents: Mr. Rahul Saboo, G.P.-II Mr. Kunal Chandra Suman, A.C. to G.P.-II Dr. Ashok Kumar Singh, Advocate Mr. Prabhat Kumar, Advocate Mr. Shivam Singh, Advocate Mr. Nilesh Modi, Advocate Ms. Khalida Haya Rashmi, Advocate

---------

05/Dated: 10.08.2023

Learned counsel for the petitioner would submit that the bar

under Section 69 of the Indian Partnership Act, 1932 would not be

applicable to the writ petition, in view of the judgment passed by the

Hon'ble Supreme Court in the case of Shiv Developers Vs.

Aksharay Developers and others, (2022) SCC Online SC 114.

Learned counsel would also submit that there is only prayer of

releasing of the security deposit, so let the learned counsel for the

State take instructions in the matter and apprize us, if the dues are

admitted or not?

However, we are keeping the question of maintainability of the

writ petition by the Partnership Firm, which is not registered under the

Partnership Act, open to be decided at the time of final disposal of the

writ application.

List this case on 14.09.2023 as fresh filing.

(Sanjaya Kumar Mishra, C.J.)

(Ananda Sen, J.) APK/VK